Government Decree No. 53 / 2009 Coll.
Government regulation on conditions for granting subsidies on forestry-environmental measures
Valid
Regulation
Effective from 01.03.2009
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53
GOVERNMENT REGULATION
of 9 February 2009
laying down the conditions for granting subsidies for forestry-environmental measures
The Government orders pursuant to § 2c (5) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 85 / 2004 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.:
Subject matter
This Regulation, following the directly applicable provisions of the European Union( 1), regulates the conditions for the granting of subsidies to improve the species composition of forests (hereinafter referred to as "the title of improvement of species composition ') in the form of partial compensation for damage resulting from the reduction of the economic use of forests.
Conditions for inclusion in the title of improving the species composition
(1) In order to improve the species composition, an applicant may be included in accordance with the directly applicable European Union Regulation governing the support of rural development by the European Agricultural Fund for Rural Development (2), who manages the forestry land (3) of the bodies established directly by the European Union Regulation (4).
(2) In order to improve the species composition, the whole crop group, which has a base of 5, may be included) or, where appropriate, ethnicity, meeting the following conditions:
(a) in the year of application for inclusion in the title of improvement of the species composition (hereinafter referred to as "the application for inclusion"), the age is 6 to 30 years inclusive;
(b) for multi-ethnicity crops, the average census value of the ethnicity, or the sum of the census values, shall be at least 75) on the whole area of the growth group; the aggregation shall be determined for the purposes of this Regulation by the number of individuals on the area;
(c) the proportion of the meliorative and strengthening timber listed for the purposes of this Regulation for each of the target economic files in Annex 1 to this Regulation exceeds by at least 5% the minimum percentage of the meliorative and strengthening timber provided for by the Decree governing the processing of forest development plans and the delimitation of economic files (7), and according to the increased proportion of the meliorative and strengthening trees in or, where applicable, in ethanes, the growing group falls within one of the classes listed in Annex 2 to this Regulation; the proportion of meliorative and strengthening timber shall be determined for the purposes of this Regulation by the number of individuals on the surface;
(hereinafter referred to as the "selected crop group ').
(3) Where the minimum fixed proportion of meliorative and strengthening timber under the Decree governing the processing of forest development plans and the definition of economic files (7) is determined by the range of the proportion of meliorative and strengthening timber, for the purposes of this Regulation the minimum proportion of meliorative and strengthening timber shall be considered to be the upper limit of that range.
(4) In the case of a multi-ethnic selected crop group, the total proportion of the meliorative and strengthening trees shall be calculated as the sum of the individual products of the partial areas of the rotation which fulfil the condition laid down in paragraph 2 (a) and (b), with the partial shares of the meliorative and strengthening trees for the same age divided by the total area of the selected crop group.
(5) The applicant must have a valid forestry plan or an economic curriculum (5) (hereinafter referred to as "plan or outline") for the selected crop group which he intends to include in the title of improving the species composition, stored in digital form in the Institute for the Economic Treatment of Forests (hereinafter referred to as "data warehouse").
(6) The applicant in the field shall clearly indicate the boundaries of the selected grassland groups which are not clearly identifiable.
Application for inclusion
(1) The application for inclusion shall be submitted by the applicant to the State Agricultural Intervention Fund (hereinafter referred to as the Fund) on the form issued by the applicant for the calendar year concerned by 15 May of the first year of the relevant 20-year period.
(2) The application for inclusion shall be submitted for a period of 20 years beginning on 1 January of the first year of the twenty-year period for which the application for inclusion is submitted.
(3) The application for inclusion shall include:
(a) an undertaking by the applicant to comply for a given period of 20 years with the conditions of this Regulation on the whole area of the selected crop group;
(b) an officially certified copy of the lease or management contract of the owner or, where appropriate, of the joint owners of the majority of the joint ownership holdings (8), allowing compliance with the undertaking provided for in (a), unless the applicant is the owner or, where appropriate, the joint owner of the majority of the joint ownership holdings (8),
(c) the written consent of the owner or, where applicable, the co-owners of the majority of the co-ownership holdings (8) to be included in the title of improving the species composition, if the applicant is not the owner or co-owner of the majority of the co-ownership holdings (8),
(d) the written consent of the applicant or owner to use the data from the plan or outline submitted to the data warehouse for administrative procedures in order to improve the species composition;
(e) the opinion of the Ministry of the Environment, issued under the Nature and Landscape Conservation Act (9), that the selected crop group is located in Natura 20009) or in specially protected territory (9), on a form issued by the Fund, if the selected crop group is located from at least 50% of the area within those areas,
(f) a plot of the area of 1: 10 000 or more in the map.
(4) The Fund shall decide to include the applicant in order to improve the species composition if the conditions laid down in this Regulation are met.
(5) In the period from the date of submission of the application for inclusion to the date of inclusion of the applicant in order to improve the species composition referred to in paragraph 4, the area of the selected crop group may not be changed in the application for inclusion.
(6) If the applicant requests exclusion in order to improve the species composition, the Fund shall exclude the applicant, and if, on the basis of the request, the Fund shall impose a refund, unless otherwise specified.
(7) An application for inclusion referred to in paragraph 1 may not be submitted to the Fund for a period beginning in 2014 and thereafter.
Application for a grant for the title of improvement of the species composition
(1) An application for grant shall be submitted annually by the applicant to the Fund for a period of 20 years on the form issued by him for the calendar year concerned, before 15 May 10) of the calendar year for which the grant is to be granted.
(2) If the application for a subsidy is received after the period referred to in paragraph 1, the Fund shall, under the conditions laid down directly by the applicable European UnionRegulation (1), grant a subsidy to a lower extent, or reject the application for a subsidy if necessary.
(3) The applicant, which is included in the scope of improving the species composition, shall indicate in the application for subsidy the area of the selected crop group referred to in the application for inclusion for which the subsidy is requested, the required data from the plan or outline, the unambiguous identification5), which meet the conditions set out in § 2 (2) and the class of increased proportion of the meliorative and strengthening timber.
(4) At the same time as the application referred to in paragraph 1 is received, the applicant shall deliver a single application form indicating all the area in accordance with European Union10a).
(5) Any modification of the application for grant under the conditions laid down in the directly applicable European Union31) shall be transmitted by the applicant to the Fund by 31 May of the relevant calendar year using the form issued by the Fund.
Conditions for granting a grant for the title of improvement of the species composition
(1) Subsidy for the title of improvement of the species composition shall be granted if:
(a) the applicant is assigned to improve the species composition;
(b) the Fund has not identified a breach of the conditions of the title of improvement of the species composition in the relevant year leading to a reduction, failure to provide or refund of the subsidy;
(c) for the duration of the undertaking referred to in Article 3 (3) (a), and, where applicable, in the selected crop group, which fulfil the conditions set out in Article 2 (2) (a) and (b), the proportion of meliorative and strengthening timber shall be such that the selected crop group belongs at least to the class at the time of inclusion in Annex 2 to this Regulation,
(d) the same or, where appropriate, the same as in the selected crop group which satisfy the conditions set out in points (a) and (c) of Paragraph 2 (2), shall have for the entire duration of the commitment referred to in Article 3 (3) (a) an average of at least seven in accordance with Article 2 (2) (b) on the whole area of the selected crop group;
(e) the boundaries of the selected grassland group, which are not clearly identifiable, are visibly marked in the field throughout the duration of the undertaking referred to in Article 3 (3) (a);
(f) the applicant shall operate, in accordance with the cross-compliance rules laid down in the Government Regulation governing cross-compliance rules for farmers throughout the calendar year, on soil blocks or parts thereof kept in the land register and on grassland groups kept in the register of forest spatial distribution units to the applicant; and
(g) the applicant has, for the entire duration of the undertaking, a plan or outline for the selected crop group stored in a digital form in a data warehouse.
(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.
Amount of subsidy
(1) The rate of subsidy for the title of improvement of the species composition in the proportion of meliorative and strengthening trees exceeding the minimum percentage set in the selected crop group
(a) by 5 to 15%, shall be EUR 44 per hectare of the selected crop groups per calendar year; in the Natura 2000 areas and in the specially protected territories, EUR 55 per hectare of selected crop groups per calendar year;
(b) above 15% to 25% shall be EUR 73 per hectare of the selected crop groups per calendar year; in the Natura 2000 areas and in the specially protected territories, EUR 89 per hectare of selected grassland groups per calendar year;
(c) above 25% to 35% shall be EUR 102 per hectare of selected crop groups per calendar year; in the Natura 2000 areas and in the specially protected territories, EUR 125 per hectare of selected grassland groups per calendar year;
(d) over 35% shall be EUR 116 per hectare of selected grassland groups per calendar year; in the Natura 2000 areas and in the specially protected territories, EUR 140 per hectare of selected crop groups per calendar year.
(2) Where the selected crop group is at least 50% of its area in the Natura 2000 territory or in the specially protected territory, the rate referred to in paragraph 1 shall be used for the grant for improving the species composition.
(3) The amount of the Fund's payment shall be calculated as the product of the area of the selected crop group to which the subsidy is granted and the rates referred to in paragraph 1.
(4) The Fund will grant a subsidy in the currency of the Czech Republic; the rate of subsidy referred to in paragraph 1 shall be recalculated according to the exchange rate published in the first Official Journal of the European Union, issued in the calendar year for which the payment is made, which shall be as close to the date of the beginning of that calendar year.
Change of area of selected crop group
(1) A new application for inclusion in the title of improvement of the species composition cannot be submitted to the Fund for a period beginning in 2014 and thereafter.
(2) Where the applicant demonstrates that during the relevant 20-year period the area of the selected crop group has been reduced to improve the species composition on the basis of:
(a) restitution or property settlement with churches and religious societies 12),
(b) the implementation of the land modification (13);
(c) intervention of higher moci14);
(d) the execution of the construction in the public interest (15); or
(e) the restoration of the cadastral operator (16), if not carried out on the basis of the results of the land modification;
The Fund shall grant the applicant a subsidy for the calendar year in which the area of the selected crop group has been reduced, taking into account the reduced area. In subsequent years, the Fund shall grant a subsidy corresponding to the reduced area of the selected crop group.
(3) If, during the 20-year period in question, the applicant changes the area of the selected crop group to improve the species composition on the basis of facts other than those referred to in paragraph 2, the Fund shall grant a subsidy to the affected area corresponding to the change of area and, if the area is reduced, decide to refund the subsidy granted to the area for which the original area has been reduced.
(4) If, during the relevant 20-year period, the applicant has changed the area of the selected crop group to improve the species composition compared to the plan or schedule in force at the time of the first inclusion of the selected crop group
(a) not more than 15%, the Fund shall, on application for a subsidy in which the applicant indicates the area to be changed, grant the subsidy to that area and, in the event of a reduction in the area, decide to refund the subsidy to the area to which the original area has been reduced;
(b) by more than 15% and not more than 100%, and the applicant to the Fund shall deliver a certified forest operator, the Fund shall, on application for a subsidy in which the applicant indicates the area to be changed, grant a subsidy to that area and, in the event of a reduction in the area, decide to refund the subsidy to the area to which the initial area has been reduced; or
(c) by more than 100%, the Fund shall decide on the exclusion of the selected crop group in order to improve the species composition and decide on the reimbursement of the subsidy granted to the entire selected crop group for which the condition has been violated.
(5) If, during the relevant 20-year period, the applicant changes the area of the selected crop group to improve the species composition as compared to the plan or syllabus applicable at the time of the first inclusion of the selected crop group, as follows:
(a) the selected crop group is located at least 95% of the area within the crop group from a plan or outline, increased by a 20-metre belt, the Fund grants a subsidy to the applicant on the basis of an application for a subsidy in which the applicant indicates the area to be changed,
(b) the selected crop group does not meet the condition of positional accuracy referred to in (a), but at least 95% of the area is located within the crop group from a plan or outline, increased by a 50-metre belt, and the applicant to the Fund delivers a certified forest operator's certificate, the Fund grants a subsidy to the applicant on the basis of an application for a subsidy in which the applicant indicates the modified area; or
(c) at least 95% of the area of the selected crop group is not included in the plan or outline, increased by a 50-metre belt, the Fund decides to exclude the selected crop group in order to improve the species composition and to refund the subsidy granted to the area of the entire selected crop group for which the condition has been violated.
(6) If, during the relevant 20-year period, the applicant has changed the area of the selected crop group in order to improve the species composition in such a way that the selected crop group fulfils the conditions of paragraph 5 (a) or (b) and there is no penetration with the crop group from the plan or outline in force at the time of the first inclusion, that crop group may be classified only with the confirmation of the forest operator.
(7) When the inclusion is changed, there can be no overlap between selected grassland groups of one applicant. If the area of the selected crop group after the change of classification interferes with the area of the crop group of another applicant, an application for a change of classification may be submitted to the selected crop group and no subsidy shall be granted by the Fund to the overlay area. In the case of overlay of the selected soil block crop group, with the exception of agricultural culture, the wooded land kept in the register of the use of agricultural land according to user relations under the Agriculture Act may be applied to the selected crop group for a change of classification and the Fund shall not grant a subsidy to the overlay area.
(8) The applicant shall submit to the Fund an application for a change of classification if the change in the area of the selected crop group to improve the species composition is due to the facts referred to in paragraph 2 or 3 by the earliest 15 May but not later than the submission of the application for the subsidy. If an application is submitted after that date, the Fund shall reject it. These deadlines do not apply to notifications of intervention by higher power (14).
(9) The applicant shall demonstrate, with the application for a change of classification, that the newly assigned changed area of the selected crop group complies with the conditions set out in paragraph 4 (b), paragraph 5 (b) and paragraph 6 and that it is identical to the area of the whole crop group located in the field. The applicant shall provide a visible indication of the border of the newly assigned area of the selected grassland group in the field, unless clearly identifiable. If the applicant fails to provide a certified forest operator or if the on-the-spot check finds that the whole selected crop group has not been included, the fund shall exclude the crop group in order to improve the species composition and decide to refund the subsidy granted to the area of the whole selected crop group.
(10) The Fund shall decide, on the basis of a request for a change to the classification submitted pursuant to paragraph 2 or 3, to be included in the title of improving the species composition, taking into account the change of area. Where an applicant submits an application for a change to the classification in which he reduces the area referred to in paragraph 2 or 3 classified as improving the species composition, the Fund shall decide on the exclusion of the applicant in order to improve the species composition; any obligation to return the subsidy or part thereof is not affected.
Changes in the selected crop group
(1) In the event of a reduction in the proportion of meliorative and strengthening timber resulting in a change in the class of the selected grassland group, the applicant shall submit to the Fund, at the same time as the application for the grant for the relevant calendar year, a request for an amendment to the classification indicating the new proportion of meliorative and strengthening timber certified by the forestry industry and the new class of increased share of meliorative and strengthening timber. The Fund shall decide, on the basis of a request to amend the classification, to change the classification in order to improve the species composition, taking into account the notified class change.
(2) In the event of an increase in the proportion of meliorative and strengthening timber resulting in a change in the class of the selected grassland group, the applicant shall submit to the Fund, at the same time as the application for the grant for the relevant calendar year, a request for a change in the classification indicating a new proportion of meliorative and strengthening timber certified by the forest management and a new class of increased share of meliorative and strengthening timber; it shall also comply with the proportion of meliorative and strengthening timber for at least this class until the end of the 20-year commitment; The Fund shall decide, on the basis of a request to amend the classification, to change the classification in order to improve the species composition, taking into account the notified class change.
(3) In the event of a change in the identification of the selected crop group, the applicant shall submit to the Fund, no later than the following year after the first year of validity of the new plan or outline, at the same time as the application for the grant for the relevant calendar year, a request for a change of classification indicating the original identification and identification from the new plan or outline which the applicant has submitted in digital form to the data warehouse; The Fund shall decide, on the basis of a request to amend the classification, to change the classification in order to improve the species composition, taking into account the notified change of identification.
(4) If, on the basis of a change in the plan or outline, the selected crop groups are merged with the same year of commitment and the same class of increased share of meliorative and strengthening trees or the distribution of the selected crop group, the Fund shall decide on the change of classification on the basis of an application for inclusion and grant a subsidy to the area of the newly created crop group, or the sum of the areas of the newly created crop groups, identifying the new plan or outline in accordance with paragraphs 3 and 5 and Article 7 (2) to (10). If the Fund finds that the selected crop groups with the same year of commitment or the same class of increased share of meliorative and strengthening timber have not been merged, the Fund shall exclude the newly created crop group in order to improve the species composition and the applicant shall repay the subsidy granted to the entire selected crop group to which the condition has been infringed.
(5) Where the selected crop groups are merged or the selected crop group is divided in accordance with paragraph 4, the area and spatial tolerances referred to in paragraphs 4 to 6 of Article 7 shall be assessed in the case of territorial change as a whole. Territorial change shall always be assessed against the plan or schedule in force at the time of the first inclusion.
(6) The applicant shall submit to the Fund an application for an amendment to the classification referred to in Article 7 (8) no later than the year following the year of receipt of the results of the check in the case of an on-the-spot check of the non-compliance of the border with the classification referred to in Article 3 (4), and such non-compliance
(a) form a belt of more than 3 metres wide at the border of the crop group; or
(b) the spatial difference between the area of the selected grassland group and the area of the grassland group established by the on-the-spot check shall be greater than 100 m2 for each sub-area.
(7) The Fund shall decide on the exclusion of the crop group in order to improve the species composition and to refund the area subsidy of the selected crop group if the applicant does not submit an application for a change of classification on the grounds referred to in paragraph 6 or does not take into account such non-compliance in any subsequent application for a change of classification, during the period of validity of the plan or outline.
(8) If, in the first year of the plan or outline, the applicant has not submitted an application for a change to the classification referred to in paragraph 3, the Fund shall, in the first year of the plan or outline, not take into account changes relating to the plan or outline. Any obligation to return the subsidy or part thereof shall not be affected.
(9) The applicant shall also take into account, in the application for a change to the classification referred to in paragraph 6, the reduction in the area of the crop group which occurred after the on-the-spot check has been carried out.
(10) Where the applicant is obliged to submit an application for a change to the classification in accordance with paragraphs 3 and 6, the applicant shall only submit an application for a change to the classification in accordance with paragraph 3.
Reduction or non-grant
(1) If the Fund finds that the applicant has infringed the condition set out in Article 5 (1) (c) by reducing the proportion of meliorating and strengthening timber in the selected crop group by a maximum of one class as specified in the table of classes of increased share of meliorative and strengthening timber in Annex 2 to this Regulation, it will reduce the subsidy by 50% and, from the year of the infringement, will continue to grant a subsidy of 50% of the subsidy applicable to the newly determined class to which the selected crop group belongs pursuant to Article 6 (1), to the area of the entire selected crop group to which the condition has been violated.
(2) If the Fund has made a change to the classification in accordance with Paragraph 8 (1), it shall grant the applicant a subsidy under paragraph 1 and the applicant shall then increase the proportion of the meliorative and strengthening timber resulting in an increase in the grade, the Fund shall continue to grant a subsidy of 50% of the subsidy applicable to the class to which the selected crop group belongs pursuant to Paragraph 6 (1).
(3) If the Fund finds that the applicant has infringed the condition to ensure the visible designation of the boundaries of the crop group referred to in § 5 (1) (e) or § 7 (9), it shall reduce the subsidy for the relevant calendar year calculated in accordance with § 6 by 3%.
(4) If the Fund finds that the applicant has not submitted an application for a change of classification according to the facts referred to in Paragraph 8 (1), no subsidy shall be granted to the applicant for the selected crop group for which he has violated the condition for the calendar year in question.
(5) Where the Fund finds that the applicant has not declared all the area in accordance with European Union10a in the single application form referred to in Article 4 (4) and the difference between the total area in the single application form and the total area in the single application form and the single application form not declared is:
(a) more than 3% but less than or equal to 4% of the area covered by the single application, reduce the payment by 1% 10a;
(b) higher than 4% but less than or equal to 5% of the area covered by the single application, reduced the payment by 2% 10a),
(c) higher than 5% of the area covered by the single application, reduced the payment by 3% 10a).
(6) If the Fund finds a breach of the condition for improving the species composition resulting in a refund of the subsidy already granted, the refund of the subsidy shall be applied at the most to the subsidy granted during the 19 calendar years immediately preceding the year in which the infringement occurred; in the event of a breach of the condition of improvement of the species composition after the expiry of the relevant 20-year period, the reimbursement of the subsidy shall be applied to a maximum subsidy of 20 calendar years.
Repayment of the subsidy and exclusion in order to improve the species composition
(1) If the Fund finds that, during the relevant 20-year period, a condition referred to in Article 5 (1) (c) has been infringed by the selected crop group and if the selected crop group is not covered by Article 9 (1), the Fund will exclude the selected crop group in order to improve the species composition and the applicant is obliged to refund the subsidy granted to the entire selected crop group for which the condition has been infringed.
(2) Where the Fund has made a change to the classification in accordance with Article 8 (1), it grants the applicant a subsidy pursuant to Article 9 (1), and the applicant then reduces the proportion of meliorative and strengthening timber resulting in a reduction in the class, the fund will exclude the growing group in order to improve the species composition and the applicant is obliged to refund the subsidy to the area of the entire selected crop group.
(3) If the Fund finds that, during the relevant 20-year period, a condition referred to in Article 5 (1) (d) or (g) has been infringed by the selected crop group, the Fund shall exclude the selected crop group in order to improve the species composition and the applicant shall recover the subsidy granted to the entire selected crop group for which the condition has been infringed.
(4) The Fund will not recover the subsidy if the applicant fails to fulfil the obligation under Article 3 (3) (a) as a result of:
(a) restitution or property settlement with churches and religious societies 12),
(b) the implementation of the land modification (13);
(c) the establishment of a building in the public interest (15); or
(d) the restoration of the cadastral operator (16), unless it has been carried out on the basis of the results of the land modification.
Transition of inclusion
(1) If the natural person who is an applicant ceases to operate or the legal person who is an applicant ceases to exist without liquidation and the legal successor of that person, new owner, new tenant, new borrower or new smuggler of forest land previously managed by the applicant (hereinafter referred to as the "transferee ') has been notified to the Fund in the Fund issued by the form no later than 30 calendar days from the date of transfer of forest land previously operated by the applicant to the acquirer and undertakes in writing to continue fully to fulfil the conditions of the title of improvement of the species composition, this shall not be considered as failure to meet the conditions laid down for the title of improvement of the second composition.
(2) If, as a result of the transfer or transfer, hire or hire of part or part of the whole of the business establishment, the amount of the area to which the subsidy is granted is reduced in the course of the relevant commitment with the applicant, and the acquirer of part or all of the business establishment notifies the Fund on the Fund for the Form issued no later than 30 calendar days after the date of transfer of the forest land previously operated by the applicant to the acquirer, and undertakes in writing to continue to fulfil the conditions of the title for improvement of the type of business establishment, the Fund for a reduction, non-grant or refund shall not be decided by the applicant in writing that the transferee in the case of the transfer of part of that establishment.
(3) If the acquirer undertakes in writing to continue to fulfil the conditions for improving the species composition in the acquired area of forest land referred to in paragraph 1 or 2, it shall no longer submit a new application for inclusion; However, it shall notify the Fund of the Fund in respect of the Fund issued by the form indicating the area of the crop group assigned to the improvement of the species composition, and the Fund shall set out in the new classification decision the remainder of the period during which the acquirer will be assigned to the improvement of the species composition.
(4) Where the acquirer has committed in writing to continue fully to fulfil the conditions of the title of improvement of the species composition on the acquired forest land referred to in paragraph 1 or 2 and has obtained, during the period for which the original applicant or acquirer was assigned to improve the species composition, to fail to fulfil the conditions of the title of improvement of the species composition on the forest land for which the subsidy was granted, the Fund shall decide to refund the proportion of the subsidy to the acquirer for the period for which the original applicant or acquirer was included.
Common provisions
(1) Where the conditions laid down in this Regulation have not been complied with as a result of intervention by a higher power (14), the provisions of Sections 9 and 10 shall not apply.
(2) The Fund shall apply mathematical rounding to 2 decimal places when calculating the figures under this Regulation; mathematical rounding shall be applied to the total number and to the total percentage of the wood.
Deadline for submission of the 2015 subsidy application
(1) For 2015, the application for grant referred to in Article 4 (1) may be submitted to the Fund by 29 May 2015.
(2) If, for 2015, the grant application is received after the deadline referred to in paragraph 1, Paragraph 4 (2) shall apply mutatis mutandis.
Deadline for submission of the application for subsidy for 2020
(1) For 2020, the application for grant referred to in Article 4 (1) may be submitted to the Fund by 15 June 2020.
(2) If, for 2020, a request for subsidy is received after the deadline referred to in paragraph 1, Paragraph 4 (2) shall apply mutatis mutandis.
Efficacy
This Regulation shall enter into force on 1 March 2009.
Prime Minister:
Ing. Topolánek v. r.
Minister for Agriculture:
Mgr. Gandalovich v. r.
Příloha č. 1
Annex No. 1 to Government Decree No. 53 / 2009 Coll.
Meliorising and strengthening timber specified for the purposes of this Regulation by economic files
| Kategorie lesa | Cílový hospodářský soubor | Meliorační a zpevňující dřeviny | Minimální podíl melioračních a zpevňujících dřevin |
|---|---|---|---|
| Lesy hospodářské/Lesy zvláštního určení*) | 13 | BK, DB, JŘ, JD, HB, LP | 15 |
| 19 | LP, JV, HB, BB, BŘK, DB, BK, JL, OLL, VR, OS, JD | 15 | |
| 21 | BK, DB, LP, HB, JS, JL, JD, JV, BŘK, BB, TS | 30 | |
| 23 | BK, DB, LP, HB, JD | 25 | |
| 25 | BK, LP, HB, JV, JS, JL, JD, TŘ, BŘK, BB, DB | 20 | |
| 27 | BK, DB, JD, OS | 20 | |
| 29 | DB, OLL, VR, JV | 70 | |
| 31 | BK, DB, LP, JD, HB, JV, BŘK, TŘ, JS, JL | 30 | |
| 35 | BK, DB, JV, JS, LP, JD, JL, HB, BŘK, TŘ | 70 | |
| 39 | DB, JD, OS | 10 | |
| 41 | BK, JD, LP, DB, JV, JS, JL | 30 | |
| 43 | BK, JD, LP, DB, HB | 25 | |
| 45 | BK, JD, LP, JV, JS, JL, DB, HB, TŘ | 25 | |
| 47 | BK, JD, DB, LP, JV, JS, JL, HB | 25 | |
| 51 | BK, JD, JV, LP, JS, JL | 30 | |
| 53 | BK, JD, LP | 25 | |
| 55 | BK, JD, JV, JL, LP, JS, TŘ | 25 | |
| 57 | BK, JD, JV, JS, JL, LP, OS | 25 | |
| 59 | BK, JD, DB, JV, LP, OLL, OS | 20 | |
| 71 | BK, JD, JV, JŘ | 15 | |
| 73 | BK, JD, JŘ | 15 | |
| 75 | BK, JD, JV, JŘ | 15 | |
| 77 | BK, JD, JV, JŘ | 10 | |
| 79 | JD, JŘ | 5 | |
| Lesy ochranné | 01 | dřeviny podle přílohy č. 4 k vyhlášce č. 83/1996 Sb., s výjimkou břízy | podle přílohy č. 3 k vyhlášce č. 83/1996 Sb. |
| 02 | BK, JŘ, JV | + | |
| 03 | JŘ | + |
*) The numerical description of the target economic population of special purpose forests is governed by Decree No. 83 / 1996 Coll. (§ 2 (3)).
Explanatory notes:
BB - maple babyka
BK - beech
BRAC - crane
DB - oak winter / summer
HB - habr
JD - white fir
JL - mountain elm
JR - bird crane
JS
JV - maple milky / klen
LP - Welsh / Malleable lard
OLL - Elder
OS - topal of seeds
3 - Bird cherry
TS - tis red
VR - white willow, fragile
Příloha č. 2
Annex No 2 to Government Regulation No 53 / 2009 Coll.
Classes of the increased proportion of meliorative and strengthening trees
| Třída | Navýšený podíl v % |
|---|---|
| I. | od 5 do15 |
| II. | nad 15 do 25 |
| III. | nad 25 do 35 |
| IV. | nad 35 |
1) Council Regulation (EC) No 1698 / 2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), as amended. Commission Regulation (EC) No 1974 / 2006 of 15 December 2006 laying down detailed rules for the application of Council Regulation (EC) No 1698 / 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), as amended. Commission Regulation (EC) No 1975 / 2006 of 7 December 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 1698 / 2005 as regards the implementation of control procedures and cross-compliance with regard to rural development support measures, as amended. Commission Regulation (EC) No 796 / 2004 of 21 April 2004 laying down detailed rules for the implementation of cross-compliance, modulation and an integrated administration and control system provided for in Council Regulation (EC) No 1782 / 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, as amended. Commission Regulation (EC) No 1122 / 2009 of 30 November 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73 / 2009 as regards cross-compliance, modulation and the integrated administration and control system under the direct support schemes for farmers provided for in that Regulation and Council Regulation (EC) No 1234 / 2007 as regards cross-compliance under the direct support scheme for the wine sector, as amended. Commission Regulation (EU) No 65 / 2011 of 27 January 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1698 / 2005 as regards the implementation of control procedures and cross-compliance with regard to rural development support measures, as amended.
2) Article 47 of Council Regulation (EC) No 1698 / 2005.
3) Article 3 (1) of Act No. 289 / 1995 Coll., on Forests and on the amendment and addition of certain laws (Forest Act).
4) Article 42 of Council Regulation (EC) No 1698 / 2005.
5) Decree No. 84 / 1996 Coll., on Forest Economic Planning.
7) Decree No. 83 / 1996 Coll., on the processing of regional forest development plans and on the definition of economic files.
8) Paragraph 139 (2) of the Civil Code.
9) Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended.
10) Article 8 of Commission Regulation (EC) No 1975 / 2006.
10a) Article 7 of Commission Regulation (EC) No 1975 / 2006, as amended.
11) Sections 3a to 3i of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 128 / 2003 Coll. and Act No. 441 / 2005 Coll.
12) Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended. Act No. 428 / 2012 Coll., on property settlement with churches and religious societies and on the amendment of certain laws (Act on property settlement with churches and religious societies), as amended by the Constitutional Court found, published under No. 177 / 2013 Coll.
13) Act No. 139 / 2002 Coll., on land treatment and land offices and amending Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended.
14) Article 2 (2) of Regulation (EU) No 1306 / 2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352 / 78, (EC) No 165 / 94, (EC) No 2799 / 98, (EC) No 814 / 2000, (EC) No 1290 / 2005 and (EC) No 485 / 2008. Regulation (EU) No 1306 / 2013 of the European Parliament and of the Council, as amended. Article 4 of Commission Delegated Regulation (EU) No 640 / 2014 of 11 March 2014 supplementing Regulation (EU) No 1306 / 2013 of the European Parliament and of the Council with regard to the integrated administration and control system and the conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, support for rural development and cross compliance.
15) Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended.
16) Article 40 of Act No. 256 / 2013 Coll., on the Real Estate Register (cadastral Act), as amended.
22) § 2 (h) of Act No. 156 / 1998 Coll., on fertilisers, soil aids, auxiliary plant preparations and substrates and on agrochemical testing of agricultural soils (Fertilisers Act), as amended by Act No. 9 / 2009 Coll.
23) Paragraph 7 of Decree No. 274 / 1998 of the Ministry of Agriculture Coll., on the storage and use of fertilisers, as amended by Decree No. 91 / 2007 Coll.
24) For example § 75 of Act No. 114 / 1992 Coll., on Nature and Landscape Protection, as amended by Act No. 132 / 2000 Coll., Act No. 76 / 2002 Coll., Act No. 320 / 2002 Coll. and Act No. 218 / 2004 Coll.
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Regulation Information
| Citation | Government Regulation No. 53 / 2009 Coll., laying down conditions for granting subsidies on forestry-environmental measures |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.02.2009 |
|---|---|
| Effective from | 01.03.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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