Government Decree No. 59 / 2019 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, as amended
Valid
Regulation
Effective from 01.03.2019
Text versions:
01.03.2019
26.02.2019
59
GOVERNMENT REGULATION
of 18 February 2019
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
The Government orders pursuant to § 2c (5) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 85 / 2004 Coll., Act No. 291 / 2009 Coll. 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 No. 179 / 2014 Coll. as amended by Act No. 441 / 2005 Coll., Act No. 291 / 2009 Coll. and Act No. 179 / 2014 Coll.:
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., Government Regulation No. 236 / 2016 Coll., Government Regulation No. 47 / 2017 Coll., Government Regulation No. 49 / 2017 Coll., Government Regulation No. 315 / 2017 Coll., Government Regulation No. 28 / 2018 Coll., and Government Regulation No. 43 / 2018 Coll., are amended as follows:
1. In Article 7, the following paragraph 8 is added:
"(8) An increase in the area included in the fifth year of the commitment shall not be regarded as an increase in the area of the land block covered by the sub-measure referred to in Article 2. ';
2. in Article 9 (2) (a):
"(a) the applicant is included in the relevant sub-measure referred to in Article 3 (5) and the part of the soil block indicated in the application for inclusion is also included in that sub-measure;
1. the sub-measure referred to in § 2 (d) is defined in Article 1 of Decree-Law No 307 / 2014 Coll. and classified in accordance with § 16 (5); or
2. the sub-measure referred to in § 2 (g) is defined in Article 1 of Decree-Law No 307 / 2014 Coll. and classified in accordance with § 22 (3) (c), "
3. In Article 12 (5) (d), the words "at the end of the text of point 2, the area of the prevailing type of fruit being assessed at the date of the application for the grant, unless otherwise established by an on-the-spot check 'are added.
4. In Article 12, paragraphs 10 and 11 are added:
"(10) For the purposes of paragraph 5, the applicant may: (j) point (2) shall use a weather station equipped with a technology to determine the effective sum of temperatures and thresholds for monitoring the occurrence of harmful organisms. Where the harmful organism threshold is reached, the applicant shall proceed in accordance with paragraph 5 (b). (j) point 2.
(11) The applicant shall provide the Fund with a copy of the record of the results of the analysis according to:
(a) paragraph 5 (c) by 31 January of the calendar year following the year in which the analysis was to be carried out at the latest; and
(b) paragraph 5 (e) by 31 January of the calendar year following the year in which the applicant applied for the subsidy. "
5. In Article 15, paragraphs 11 and 12 are added:
"(11) For the purposes of point (d) (2) of paragraph 5, the applicant may use a meteorological station equipped with a technology for setting effective temperature and threshold values for monitoring the occurrence of harmful organisms. Where the harmful organism threshold is reached, the applicant shall proceed in accordance with paragraph 5 (d) (2).
(12) The applicant shall provide a copy to the Fund
(a) a record of the results of the analysis according to:
1. Paragraph 5 (b) by 31 January of the calendar year following the year in which the analysis was to be carried out at the latest; and
2. paragraph 6 (f), paragraph 7 (f) or paragraph 8 (e) by 31 January of the calendar year following the year in which the applicant applied for the subsidy; and
(b) the land block component registration cards referred to in paragraph 5 (c) by 31 January of the calendar year following the year in which the applicant applied for the subsidy. "
6. Paragraph 19 (12) reads:
"(12) The postponement or omission of one of the axes or pastures, or, where appropriate, of the earlier term of the mower or pastures referred to in paragraph 2 (a), paragraph 3 (a) or (h), paragraph 4 (a) or paragraph 5 (a), paragraph 6 (a), paragraph 7 (a), paragraph 8 (a), paragraph 9 (a) or paragraph 11 (a) shall be possible only for reasons of nature conservation under the Nature and Landscape Conservation Act, on the basis of a favourable opinion from the local authority responsible for nature conservation. ';
7. In Paragraph 19, paragraphs 13 to 16 are added:
"(13) For the purposes of this Regulation, the following definitions apply: (b) it is only possible for reasons of nature conservation under the Nature and Landscape Conservation Act, on the basis of a favourable opinion from the local authority responsible for nature conservation.
(14) The opinion of the local competent nature conservation authority shall be delivered by the applicant to the Fund no later than the date on which:
(a) the crop or pasture should have been carried out in the case of a favourable opinion from the local competent nature conservation authority referred to in paragraph 12, with the postponement or omission of one of the cuts or pasture;
(b) intends to implement the mower or pasture in the case of a favourable opinion of the local competent nature conservation authority referred to in paragraph 12 with the establishment of an earlier date for the mower or pasture; or
(c) the condition of minimum nitrogen intake by grazing should be fulfilled in the case of a favourable opinion of the local competent nature conservation authority referred to in paragraph 13.
(15) If the applicant submits a favourable opinion to the local competent nature conservation authority after the date referred to in paragraph 14, the Fund shall not take such submission into account.
(16) On the end of grazing referred to in paragraph 2 (c), paragraph 9 (f), paragraph 10 (f) or paragraph 11 (f). (c) shall not be used if the pasture is interrupted for a maximum of 29 days. ';
8. In Article 20, the following paragraph 9 is added:
"(9) The end of grazing referred to in point (d) of paragraph 8 shall not take place if the pasture is interrupted for a maximum of 29 days. ';
9. in Article 21 (5) (a), the following shall be added at the end of the text of point 2: "the part of the relevant part of the soil block on which no biobelt is formed may grow a crop from a biostrip crop mixture only if it is grown separately or as a main crop with a subsieve."
10. in Paragraph 21 (5) (c), "20" is replaced by "40."
11. in Article 21 (5), the words "the separation of biobelts by a slip less than 50 m is not regarded as non-compliance" shall be added at the end of the text in point (e).
12. in Article 22a, the following paragraph 7 is added:
"(7) The end of the pasture referred to in paragraph 6 (d) shall not take place if the pasture is interrupted for a maximum of 29 days. ';
13. In Paragraph 25, the following paragraph 7 is added:
"(7) Failure to comply with the conditions for the implementation of a single sub-measure or title pursuant to § 2 shall always be assessed in relation to the relevant obligation under § 3. '
14. In Article 26, paragraphs 3 and 4 are added:
"(3) The subsidy in the relevant calendar year under the sub-measure referred to in Section 2, calculated in accordance with Section 23, shall be reduced by 3% if the Fund is found by the applicant when applying:
(a) the impact of integrated fruit production on non-compliance with the conditions set out in Article 12 (11), with the applicant supporting documents
1. Paragraph 12 (5) (c) shall be submitted in the period from 1 to 15 February of the calendar year following the year in which the analysis was to be carried out at the latest; or
2. Article 12 (5) (e) shall be submitted in the period from 1 to 15 February of the calendar year following that in which the applicant applied for the subsidy; or
(b) the impact of the integrated production of vegetables and strawberries on the non-compliance with the conditions referred to in Article 15 (12) (a) (1) or Article 15 (12) (b), with the applicant supporting documents
1. Article 15 (5) (b) shall be submitted in the period from 1 to 15 February of the calendar year following the year in which the analysis was to be carried out at the latest; or
2. Article 15 (5) (c) shall be submitted during the period from 1 to 15 February of the calendar year following that in which the applicant applied for the subsidy.
(4) The subsidy in the relevant calendar year under the title referred to in § 2, calculated in accordance with § 23, shall be reduced by 3% if the Fund, when applying the integrated production of vegetables and strawberries, fails to comply with the conditions set out in § 15 (12) (a) (2), the applicant submits the documents referred to in § 15 (6) (f), § 15 (7) (f) or Article 15 (8) (e) during the period from 1 to 15 February of the calendar year following the year in which the applicant applied for the subsidy. '
15. in Paragraph 28, the following paragraph 3 is added:
"(3) The subsidy in the relevant calendar year under the sub-measure referred to in Article 2, calculated in accordance with Article 23, shall be reduced by 25% if the Fund has not submitted the documents referred to in Article 15 (5) (c) to the applicant by 15 February of the calendar year following the year in which the applicant applied for the subsidy. '
16. In Article 33, paragraphs 8 and 9 are added:
"(8) If the Fund finds the applicant in application
(a) the impact of the integrated production of fruit on the non-compliance with the condition set out in Article 12 (11) and the failure to submit documents pursuant to:
(1) Paragraph 12 (5) (c) by 15 February of the calendar year following the year in which the analysis was to be carried out at the latest; or
2. Paragraph 12 (5) (e) by 15 February of the calendar year following the year in which the applicant applied for the subsidy; or
(b) the impact of the integrated production of vegetables and strawberries on the non-compliance referred to in Article 15 (12) (a) (1) and the failure to submit the documents referred to in Article 15 (5) (b) by 15 February of the calendar year following the year in which the analysis was to be carried out at the latest;
the grant shall not be granted under the sub-measure referred to in Article 2 and the Fund shall decide at the same time to exclude the applicant from the relevant sub-measure and to refund the subsidy granted for the relevant sub-measure referred to in Article 2 from the start of that commitment.
(9) If the Fund finds that the conditions referred to in Article 15 (12) (a) (2) and the failure to submit the documents referred to in Article 15 (6) (f), Article 15 (7) (f) or Article 15 (8) (e) have been met by the applicant in the application of the integrated production of vegetables and strawberries before 15 February of the calendar year following the year in which the applicant applied for the subsidy, the grant shall not be granted under the title referred to in Article 2, and the Fund shall decide at the same time to exclude the applicant from the title and to refund of the grant granted for the relevant title referred to in Article 2 from the start of that commitment. ';
17. In Annex 1, point A.II. (3), the text "paragraph 1 'is inserted after the text" Paragraph 46'.
Transitional provision
The provisions of Government Regulation No 75 / 2015 Coll., as effective before the date of entry into force of this Regulation, as effective before the date of entry into force of this Regulation, as effective before the date of entry into force of this Regulation, with the exception of the provisions of Sections 19 (16), 20 (9) and 22a (7) of Government Regulation No 75 / 2015 Coll., as effective from the date of entry into force of this Regulation, which are already applicable to the procedure for applications to grant in 2018.
Efficacy
This Regulation shall enter into force on 1 March 2019.
Prime Minister:
Ing. Babiš v. r.
Minister for Agriculture:
Ing. Toman, CSc., v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Regulation No. 59 / 2019 Coll., amending Government Regulation No. 75 / 2015 Coll., on the conditions for implementing agri-environment climate measures and amending Government Regulation No. 79 / 2007 Coll., on the conditions for implementing agri-environment measures, as amended, as amended |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.02.2019 |
|---|---|
| Effective from | 01.03.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0