What is Government Regulation No. 50 / 2015 Coll.?

Government Regulation No. 50 / 2015 Coll., laying down certain conditions for granting direct payments to farmers and amending certain related government regulations — Government regulation on certain conditions for granting direct payments to farmers and amending certain related government regulations.

When it became Government Regulation No. 50 / 2015 Coll. effectiveness?

Government Regulation No. 50 / 2015 Coll. became effective 01.04.2015.

Is Government Regulation No. 50 / 2015 Coll. still valid?

Yes, Government Regulation No. 50 / 2015 Coll. is still valid and effective.

How many times was it Government Regulation No. 50 / 2015 Coll. amended?

Government Regulation No. 50 / 2015 Coll. has 21 time versions of the text.

Government Regulation No. 50 / 2015 Coll. - Government regulation on certain conditi...

50

GOVERNMENT REGULATION

of 16 March 2015

laying down certain conditions for granting direct payments to farmers and amending certain related government regulations

The Government mandates pursuant to § 2b (2) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 128 / 2003 Coll., Act No. 441 / 2005 Coll. and Act No. 291 / 2009 Coll., and under § 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. 441 / 2005 Coll. and Act No. 291 / 2009 Coll.:

ČÁST PRVNÍ

DETERMINATION OF CERTAIN CONDITIONS FOR GRANTING DIRECT PAYMENTS TO AGRICULTURANS

HLAVA I

GENERAL PROVISIONS

§ 1

Subject matter

This Regulation provides for certain conditions for granting direct payments to farmers, which are:

(a) single agricultural area payment;

(b) payment to farmers complying with agricultural practices favourable to the climate and the environment;

(c) voluntary coupled support; and

(d) payment for young farmers.

§ 2

Applicant for direct payment to farmers

(1) A direct payment to farmers under Article 1 may be requested by the State Agricultural Intervention Fund (hereinafter referred to as the Fund) by a natural or legal person who:

(a) manage the agricultural land registered on it in the land use register according to user relations under the Agriculture Act ("land use register"); and

(b) has access to the Fund's information system under the State Agricultural Intervention Fund Act.

(2) A direct payment to farmers under § 1 may also be requested by the organizational body of the State under Act No. 219 / 2000 Coll., on the property of the Czech Republic and its presentation in legal relations, which fulfils the conditions set out in paragraph 1.

(3) The applicant for direct payment to farmers referred to in paragraphs 1 and 2 shall submit to the Fund an application for direct payment to farmers before 15 May of the calendar year concerned, using the form containing the geospatial information issued by the Fund for the calendar year concerned under the single application (3).

(4) Any modification of the application for direct payment to farmers referred to in paragraphs 1 and 2 shall be transmitted by the applicant to the Fund by 31 May of the relevant calendar year using the form issued by the Fondem27).

§ 4

Application for direct payment to farmers

(1) The application for direct payment to farmers in accordance with the European Union Regulation governing the financing, management and monitoring of the common agricultural policy (4) contains:

(a) the list and area of all parts of the soil blocks under the Agricultural Act registered in the land use register of the applicant;

(b) the type of agricultural culture of all parts of the soil blocks referred to in (a) to which the application is made; and

(c) a declaration by the applicant that it undertakes to comply with the cross-compliance rules set out in Annexes 1 to 4 to Government Regulation No 48 / 2017 Coll., laying down requirements according to the acts and standards of good agricultural and environmental condition for the areas of cross-compliance rules and the consequences of their infringement for the granting of certain agricultural aid, throughout the calendar year on all agricultural land managed by it.

(2) The application for direct payment to farmers shall include a sketch of the soil block parts referred to in paragraph 1 (a) on the 1: 10 000 or more detailed map of the soil block parts.

§ 5

Compensation for financial discipline

(1) Under the regulation of the European Union governing the financing, management and monitoring of the common agricultural policy, the relevant calendar year for offsetting financial discipline5) is the calendar year of application for direct payment to farmers.

(2) Compensation for financial discipline shall be made for applicants for direct payments to farmers for whom the Fund has made an adjustment for direct payments to farmers following the application for direct payments to farmers submitted in the relevant calendar year.

(3) The percentage of compensation for financial discipline shall be determined by the Fund by the ratio of the amount notified by the European Commission to the sum of all the amounts of adjustments to direct payments made to farmers in the relevant calendar year for applicants referred to in paragraph 2.

(4) The Fund shall determine the amount of financial discipline compensation to be paid to farmers by the applicant for direct payment by decision by multiplying the percentage of financial discipline compensation referred to in paragraph 3 by the amount of adjustment of direct payments to farmers in the relevant calendar year and shall make payment of compensation to the farmer by 16 October of the calendar year following the application for direct payment to farmers in the relevant calendar year.

HLAVA II

SINGLE PAYMENT ON THE FLOW OF AGRICULTURAL SOURCES

§ 6

Application for single agricultural area payment

(1) The application for the single area payment for agricultural land, other than those provided for in Article 4, contains the identification number of the part of the soil block.

(2) Where the applicant for the single area payment of agricultural land grows hemp on one of the parts of the soil blocks referred to in the application for the single area payment of agricultural land, he shall add a certificate to the application for the single area payment of agricultural land 6) for the certification of hemp seed or an official label; the applicant for the single area payment of agricultural land shall also attach a declaration to the application for the single area payment of agricultural land whereby he undertakes to notify the Fund without delay of the start of the flowering of hemp on the relevant part of the soil block referred to in the application for the single area payment of agricultural land.

(3) Where the applicant for the single area payment of agricultural land grows rapidly growing timber on one of the parts of the soil blocks listed in the application for the single area payment of agricultural land, he shall indicate in the application for the single area payment of agricultural land on the form issued by the Fund:

(a) species of rapidly growing timber and their cross-breeds grown on soil block parts; and

(b) the calendar year of the establishment of the crop with rapidly growing trees and the calendar year of the last washing, if any.

§ 7

Conditions for granting single agricultural area payment

(1) The Fund shall grant the applicant a single agricultural area payment at a minimum area of at least 1 hectare of the agricultural area eligible for the single agricultural area payment. Agricultural land with agricultural culture is not eligible for this payment.

(2) The Fund shall grant the applicant a single area payment for agricultural land which is:

(a) registered in the land use register and fulfils the conditions for granting a single agricultural area payment under the European Union Regulation (7);

(b) registered in the land use register on the applicant at least from the date of receipt of the Fund's application by 31 August of the relevant calendar year;

(c) the applicant shall be farm-managed in the relevant calendar year as long as it is recorded in the land use register of the applicant; and

(d) maintained in accordance with the cross-compliance rules set out in Annexes 1 to 4 to Decree No 48 / 2017 Coll. throughout the calendar year.

(3) In the case of permanent grassland and grassland, the agricultural management referred to in paragraph 2 (c) shall be:

(a) the performance of grazing, including the disposal of the neoplasms, the condition of which does not apply to an area with an average gradient exceeding 10 ° within the time limit

1. By 31 July of the calendar year concerned, or

2. by 31 August of the relevant calendar year, in the case of a proportion of the land block which, according to the land use register, is at least 50% in the area referred to in § 2 (1) (a) (1) of the Government Regulation No 43 / 2018 Coll., the conditions for granting payments for mountain areas and other areas with natural or other specific constraints and amending certain related government regulations; or

(b) cutting and removal of biomass from the land by date

1. By 31 July of the calendar year concerned, or

2. until 31 August of the relevant calendar year, if this is the part of the soil block, which according to land use records is at least 50% in the area referred to in § 2 (1) (a) (1) of the Government Regulation No 43 / 2018 Coll.

(4) A breach of the condition referred to in paragraph 2 (c) shall not be considered as a breach,

(a) where agri-environmental climate measures are applied to a given part of the soil block pursuant to Article 19 (8) and (10) of Decree No 75 / 2015 Coll., on the conditions for implementing agri-environmental climate measures and amending Government Regulation No 79 / 2007 Coll., on the conditions for implementing agri-environmental measures, as amended;

(b) when the area concerned is under Article 18 (1) and (3) of Decree No 75 / 2015 Coll.,

(c) if a follow-up agri-environmental climate measure is applied to a given part of the soil block in accordance with Article 16 (8) and (10) of Decree No. 330 / 2019 Coll., on the conditions for the implementation of subsequent agri-environmental measures;

(d) when the area concerned is being discussed in accordance with § 15 paragraphs 1 and 3 of the Government Decree No. 330 / 2019 Coll., or

(e) if the permanent grassland under Section 3j of the Agricultural Act is restored to the given part of the soil block.

(5) In the case of standard arable land, the agricultural management referred to in paragraph 2 (c) shall mean the carrying out of the usual agro-technical activities ensuring crop cultivation.

(6) In the case of an agricultural culture of rapidly growing timber grown in breeding plantations, a single payment may be granted for the area of agricultural land only for species of rapidly growing timber and their cross-breeds grown in breeding plantations in the Czech Republic with a maximum duration of their harvest cycle as set out in Annex 2 to this Regulation.

(7) The Fund shall grant a single area payment for agricultural land in full, unless the fact leading to the reduction or non-payment of the single area payment for agricultural land under the European Union Regulation (8) or § 8. This provision also applies to payments made under Sections 9 to 18 and 33.

(8) Paragraph 3 shall not apply where it is otherwise provided for in respect of a given part of the soil block

(a) agri-environmental measures under Government Regulation No 75 / 2015 Coll., on the conditions for implementing agri-environmental measures and amending Government Regulation No 79 / 2007 Coll., on the conditions for implementing agri-environmental measures, as amended, as amended;

(b) organic farming measures under Government Regulation No. 76 / 2015 Coll., on the conditions for implementing organic farming measures, as amended;

(c) follow-up agri-environmental measures under Government Decree No. 330 / 2019 Coll.,

(d) the follow-up measure to organic farming pursuant to Government Regulation No 331 / 2019 Coll., on the conditions for implementing the downstream organic farming measure;

(e) the Nature and Landscape Conservation Act, the Fund receiving a different procedure under the Nature and Landscape Conservation Act not later than the date on which the activities referred to in paragraph 3 were to be carried out; or

(f) Article 3j of the Agriculture Act.

(9) The Fund will not grant a subsidy for part of the part of the land block registered in the land use register for which the procedure under Section 3g (4) of the Agricultural Act has been applied.

§ 8

Refusal of an application for single agricultural area payment, reduction or non-award

(1) Where the area of agricultural land for which the applicant has fulfilled the conditions for granting the single agricultural area payment referred to in Article 7 is lower than the area of agricultural land indicated by the applicant in his application for the single agricultural area payment for the relevant calendar year, the Fund shall reduce or not grant the single agricultural area payment under European Union Regulation (9).

(2) Where the applicant for the single area payment of agricultural land in the application for the single area payment of agricultural land has not declared all area covered by the European Union Regulation governing the financing, management and monitoring of the common agricultural policy (4) and the difference between the total area declared in the application for the single area payment and the total total area declared in the application for the single area payment of agricultural land and the area declared in the application is:

(a) above 3% but less than or equal to 4% of the area declared in the application for single area payment for agricultural land, the Fund shall reduce the payment by 1%;

(b) more than 4% but less than or equal to 5% of the area declared in the application for single area payment, the Fund shall reduce the payment by 2%; or

(c) more than 5% of the area declared in the application for single agricultural area payment, the Fund shall reduce the payment by 3% 10).

(3) If the applicant for the single area payment of agricultural land has not complied with the cross-compliance rules set out in Annexes 1 to 4 to Government Regulation No 48 / 2017 Coll., the Fund shall reduce or not grant the single area payment of agricultural land under European Union Regulation (11).

(4) Where the applicant has submitted an application for a single agricultural area payment after the deadline laid down in Article 2 (3) or, where appropriate, an amendment to the application for a single agricultural area payment after the deadline laid down in the European Union Regulation (12), the Fund shall reduce the single agricultural area payment and, where appropriate, reject the application for a single agricultural area payment; an application submitted pursuant to Title III shall be treated mutatis mutandis.

HLAVA III

PROVISION OF PAYMENT FOR AGRICULTURAL ADDITIONAL AGRICULTURAL PROCEDURES FOR CLIMATE AND ENVIRONMENT

§ 9

Crop diversification

(1) The vegetative period for calculating the holdings of individual crops is the period from 1 June to 31 August of the relevant calendar year (13).

(2) The area of the landscape element, which is situated within the part of the soil block registered in the land use register of the applicant for payment to farmers complying with agricultural practices favourable to the climate and the environment and which is included in the area of the soil block part, is part of the area of the crop on which that landscape element is located for the purpose of calculating the share of the individual crops. 13) In cases where the surface area of a landscape element interferes with the area of two or more crops, the surface area of a landscape element shall be included in the area of each crop proportionally.

(3) The applicant covered by crop diversification and the applicant referred to in Article 43 (11) or Article 44 (2) and (3) of Regulation (EU) No 1307 / 2013 of the European Parliament and of the Council of 17 December 2013 laying down rules on direct payments to farmers under support schemes under the common agricultural policy and repealing Council Regulation (EC) No 637 / 2008 and Council Regulation (EC) No 73 / 2009 shall only indicate in the application for payment to farmers complying with agricultural practices favourable to the climate and the environment the identification number of the soil block part with the arable crop. The applicant shall also indicate the name of the crop and its area from which the Fund shall calculate the share of each crop in the diversification of the crop, according to the first sentence of the agricultural culture type.

(4) The Fund shall provide the applicant with a payment for farmers complying with agricultural practices favourable to the climate and the environment at an area of at least 1 hectare of agricultural land eligible for payment to farmers complying with agricultural practices favourable to the climate and the environment.

(5) The applicant covered by crop diversification and the applicant referred to in Article 43 (11) or Article 44 (2) and (3) of Regulation (EU) No 1307 / 2013 of the European Parliament and of the Council shall indicate in the application referred to in Article 4 a plot of the crop area per part of the soil block.

§ 10

Conservation of existing permanent grassland

(1) Environmental sensitive areas with permanent grassland are those areas of the soil block parts or parts thereof located on 1 January of the relevant calendar year

(a) in Natura 2000;

(b) in the first zone of protected landscape areas and national parks not situated in the areas referred to in (a);

(c) in national natural monuments, national natural reserves, natural reserves and natural monuments not located in the areas referred to in (a);

(d) within 12 m of the water body,

(e) as strongly eroded,

(f) as wet and peat meadows; or

(g) in the 3rd application zone of nitrate-vulnerable areas.

(2) Where there is a reduction in the ratio of areas with permanent grassland, the Fund shall invite those applicants to grant payment to farmers who comply with agricultural practices favourable to the climate and the environment, who have an area which has been converted from a permanent grassland area or land with permanent pasture into an area with a different use, or change the permanent grassland culture into one of the other types of agricultural culture into a back-grass area which will lead to the restoration of the established ratio (14); The Fund shall take into account the extent to which each of these applicants has contributed to a change in the ratio established.

(3) Not reducing the ratio of permanent grassland to the total area of agricultural land by more than 5%, the Fund will register the whole of the Czech Republic (15).

(4) If the areas referred to in paragraph 1 are converted under Government Regulation No. 185 / 2015 Coll., on the conditions for granting subsidies under the afforestation of agricultural land measures and on the amendment of certain related government regulations, there shall be no breach of the protection of permanent grassland under the directly applicable European Union Regulation (25).

(5) The infringement of the protection of permanent grassland under the directly applicable European Union25 Regulation is not a matter where the applicant, in connection with the termination of the land-use adjustment under the Land Adjustment Act, has taken place after a decision on the exchange or transfer of property rights to agricultural parcels on the part of the soil block

(a) to change the type of agricultural culture of permanent grassland to another type of agricultural culture as provided for in the Government regulation governing the details of land use records according to user relations; or

(b) to sever or convert permanent grassland into another type of agricultural culture as provided for in the Government Decree on the details of land use records according to user relations.

(6) The infringement of the protection of permanent grassland under the directly applicable European Union25) is not less than 0,01 ha in the case of an individual environmentally sensitive area; in calculating the figures, the Mathematical rounding fund will apply to 2 decimal places.

(7) The areas referred to in paragraph 1 (e) shall be evaluated according to the rate of erosion risk of agricultural land registered in the land use register on 1 January 2018.

§ 11

Area of ecological interest

(1) The area used in organic interest (16) with a minimum area of 0,01 ha is:

(a) eels with an ecological interest area as specified in the Government Decree on the details of land use records according to user relations;

(b) honey-seed eel used in the ecological interest;

(c) a landscape element in the environmental interest referred to in the Government Regulation governing the details of land use records according to user relations;

(d) a belt,

(e) the area with rapidly growing timber grown in nurseries referred to in the Government Decree on the details of land use records according to user relations;

(f) afforested area referred to in the Government Decree on the details of land use records according to user relations;

(g) the intercrop area; or

(h) area with nitrogen-binding crops.

(2) The weighting coefficients set out in Annex 3 to this Regulation shall be used for the calculation of the area used in the organic interest.

(3) Areas of ecological interest must be registered in the land use register for applicants for direct payments to farmers and must comply with the conditions laid down from the date of:

(a) 1 January to 31 August of the calendar year concerned in the case of the area referred to in paragraphs 12 and 12a;

(b) applying for direct payment to farmers by 31 August of the calendar year concerned in the case of the area referred to in Article 15;

(c) the submission of an application for direct payment to farmers by 31 August of the calendar year concerned for the area referred to in Article 16;

(d) the submission of an application for direct payment to farmers by 24 September of the relevant calendar year in the case of the summer intercrop variant referred to in Article 17 or from the date of the application for direct payment to farmers by 31 October of the relevant calendar year in the case of the winter intercrop variant referred to in Article 17; or

(e) the submission of an application for direct payment to farmers by 31 October of the calendar year concerned for the area referred to in Article 18.

(4) An applicant using an area of ecological interest shall indicate in the application for payment to farmers complying with agricultural practices favourable to the climate and the environment the identification number of the part of the soil block, the type of area used in the organic interest (16), in accordance with Article 11 (1) and its scope.

§ 12

Eels with crops used in the environmental interest

(1) Eels with a crop set aside as an area used in the organic interest are areas with continuous crops situated on a part of the soil block or part thereof registered from 1 January of the relevant calendar year in the land use register with a type of agricultural eel culture.

(2) The area of the part of the soil block or part of the part of the soil block which is kept on the farm from 1 January to 15 July of the relevant calendar year of application, and which, as regards the part of the part of the soil block, is visibly marked in the field.

(3) The apex referred to in paragraph 2 shall be grown no later than 1 June of the relevant calendar year of application and shall remain on the plot at least 15 July of the relevant calendar year of application. The period prior to sowing shall be taken into account for the duration of the eel with the crop.

(4) Where the applicant has not made an indication of the area in accordance with paragraph 2 in relation to that part of the soil block on the relevant part of the soil block, the Fund shall not calculate that area in the area of ecological interest.

(5) In the case of an eel with a crop reserved as an area used in the organic interest, the applicant for payment for farmers complying with agricultural practices favourable to the climate and the environment shall indicate on the form issued by the Fund:

(a) a list of land block parts and area area areas within each of the soil block parts on which the eel with an ecological interest is maintained; and

(b) a sketch of the relevant parts of the soil blocks or parts thereof on which the relevant calendar year is maintained a eel with a crop of organic interest.

(6) The notification of the use of the eel with a crop reserved as an area of ecological interest shall be sent by the applicant to the Fund by 31 July of the calendar year concerned using the form issued by the Fund.

12a

Waterborne eel used in the ecological interest

(1) For the purposes of this Regulation, the following definitions apply:

(2) The crop for honey-seed eel used in the ecological interest is:

(a) chipmunk,

(b) mustard,

(c) hams,

(d) clover,

(e) jitrocel,

(f) cumin,

(g) chambers,

(h) spear,

(i) cilantro;

(j) goat;

(k) krambe,

(l) flax,

(m) flax,

(n) lupin,

(o) oily,

(p) carrots,

q) Parsnips,

(r) heathen,

(s) radish;

(t) beet,

(u) fountains,

(v) sunflowers,

(w) tie,

(x) flares,

(y) scorpion,

(z) only.

(3) The fruit for the honey-seed eel used in the ecological interest is further:

(a) an interest-bearing agent;

(b) Vicar,

(c) vetches,

(d) grass of the family Lipnoid, excluding cereals.

(4) Waterborne eel used in the ecological interest is the area of the part of the soil block or part thereof,

(a) which is maintained on an agricultural basis from 1 January to 15 July of the relevant calendar year of application,

(b) on which the crops referred to in paragraph 2 or 3 are grown, which are not used for production, are not harvested and removed from the part of the soil block, nor are they grazing;

(c) to which fertilisers, treated sludge and plant protection products are not applied at the time of its use; and

(d) which, in the case of a part of a soil block, is visibly marked on that part in the field.

(5) The applicant shall ensure that the continuous crop rotation referred to in paragraph 2 or 3 is carried out on a honey-based eel not later than 1 June of the relevant calendar year of application, which shall remain on the parcel until at least 15 July of the relevant calendar year of application. The period prior to sowing shall also be taken into account for the duration of the honey eel used in the organic interest.

(6) The applicant shall ensure the establishment of a growing ground on a honey-seed eel used in the organic interest from a mixture of crops in which at least 3 of the crop species referred to in paragraph 2 or 3 are present, none of the crops on the crop shall exceed 80%, except for the crop referred to in paragraph 3 (d) which does not exceed 30% on the crop.

(7) Where the applicant has not made an indication of the area in accordance with paragraph 4 (d) in relation to the relevant part of the soil block on the relevant part of the soil block, the Fund shall not calculate that area in the area of ecological interest.

(8) In the case of honey-seed eel used in the environmental interest, the applicant for payment for farmers complying with agricultural practices favourable to the climate and the environment shall indicate on the form issued by the Fund:

(a) a list of the soil block parts and area area within the individual soil block parts on which the honey eel used in the ecological interest is maintained; and

(b) a sketch of the relevant parts of the soil blocks or parts thereof on which the waterborne eel used in the ecological interest is maintained in the relevant calendar year.

§ 13

Landscape element in environmental interest

(1) A landscape element which can be reserved as an area used in the environmental interest is a landscape element referred to in the Government Regulation governing the details of land use records according to user relations, which is part of the soil block with culture arable land and is registered in the land use register to the applicant from the date of application until 31 August of the relevant calendar year.

(2) A landscape element which is not part of a soil block with arable crops for which a single agricultural area payment can be granted may be used as an area used in the ecological interest if its area is attached to that arable land block part.

(3) A grassy grove, a group of trees, a solitary wood or wetlands may be considered as a landscape element referred to in paragraph 2 if it touches the border of the adjacent part of the soil block.

(4) The moat, limit, tree line or terrace may be used as an area used in the ecological interest referred to in paragraph 2 in the case where the longer side of the moat is adjacent to a part of the soil block with a culture of arable land not exceeding 15 metres from the border of that part of the soil block.

(5) The moat, limit, tree line or terrace may also be used as an area used in the ecological interest, where it is adjacent by its longer side to the landscape element referred to in paragraph 4, in a width not exceeding 15 metres from the border of the soil block with the culture of arable land to which the landscape element referred to in paragraph 4 attaches.

(6) In the case of a landscape element, the limit, tree line or terrace may be reserved as an area used in the ecological interest only the part which attaches to the part of the soil block with the culture of arable land at a maximum netting width of 15 metres from the border of the part of the soil block to which it attaches.

Citation	Government Regulation No. 50 / 2015 Coll., laying down certain conditions for granting direct payments to farmers and amending certain related government regulations
Regulation Type	Regulation
Author	-
Collection	Code of Laws

Date of Promulgation	27.03.2015
Effective from	01.04.2015
Effective until	-
Status	Valid

Government Regulation No. 50 / 2015 Coll.

Government regulation on certain conditions for granting direct payments to farmers and amending certain related government regulations

Contents

ČÁST PRVNÍ

HLAVA I

§ 1

§ 2

§ 4

§ 5

HLAVA II

§ 6

§ 7

§ 8

HLAVA III

§ 9

§ 10

§ 11

§ 12

12a

§ 13

Contents

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