Government Regulation No. 64 / 2016 Coll.
Government Regulation amending Government Regulation No 76 / 2015 Coll., on the conditions for implementing organic farming measures, as amended by Government Regulation No 113 / 2015 Coll., and amending certain related government regulations
Valid
Effective from 01.03.2016
Zobrazeno prvních 200 z celkem 259 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
64
GOVERNMENT REGULATION
of 17 February 2016
amending Government Regulation No 76 / 2015 Coll., on the conditions for implementing organic farming measures, as amended by Government Regulation No 113 / 2015 Coll., and amending certain related government regulations
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.:
Amendment of the Government Regulation on the conditions for implementing organic farming measures
Government Regulation No. 76 / 2015 Coll., on the conditions for implementing organic farming measures, as amended by Government Regulation No. 113 / 2015 Coll., is amended as follows:
1. Paragraph 4 (7) is deleted.
2. in Article 5 (4), point (d) is deleted;
Points (e) to (g) shall be renumbered (d) to (f).
3. in Article 5 (4) (f), "(a) to (f)" shall be replaced by "(a) to (e)";
4. In Article 6 (4) (a), the words "or parts thereof 'shall be inserted after the words" or parts thereof' and the words "or parts thereof 'shall be inserted after the words" or parts thereof'.
5. in Article 6 (4) (b), the words "or parts thereof" shall be inserted after the words "parts of the soil blocks."
6. In Article 6, the following paragraph 6 is added:
"(6) Where the conversion period for organic production referred to in Article 36 (2) and (4) of Commission Regulation (EC) No 889 / 2008 is reduced during the relevant calendar year, the applicant shall be calculated in accordance with Paragraph 18 for organic production, the reduction of the conversion period for the part of the soil block being considered not to fulfil the conditions laid down in this Regulation. ';
7. in Article 7 (1) and in Article 8 (6), "Article 5 (4) (a) to (f)" is replaced by "Article 5 (4) (a) to (e)";
8. In Article 7 (2), "§ 5 (4) (a) to (f) 'is replaced by" § 5 (4) (a) to (e)' and "§ 5 (4) (g) 'is replaced by" § 5 (4) (f)';
9. in § 8 (5) (b), "§ 5 (4) (f)" is replaced by "§ 5 (4) (e)."
10. in Paragraph 9 (1) (g), "10 years and" is replaced by "10 years."
11. In Article 9, at the end of paragraph 1, the dot is replaced by "a 'and the following point (i) is added:
"(i) The Fund has not identified for the applicant, in the relevant calendar year, the non-compliance with the agricultural management conditions of standard arable land laid down in § 7 (2) (c) and § 7 (5) of the Government Regulation No. 50 / 2015 Coll., on the fixing of certain conditions for the granting of direct payments to farmers and on the amendment of certain related government regulations."
12. in Article 9 (5), the words "paragraph 5" shall be replaced by the words "paragraph 4."
13. in Article 11 (1) (a):
"(a) ensure:
1. agricultural management in accordance with Articles 7 (2) (c) and 7 (3) of Decree No. 50 / 2015 Coll. under the conditions set out in points (b) to (d);
2. the execution of the second crop with the removal of biomass or grazing by 31 October of the relevant calendar year at the latest;
except where the conditions of Section 18 and 19 of Government Decree No 75 / 2015 Coll. provide otherwise for the application of the soil block for the treatment of grassland, "
14. in Article 11 (1) (d), the words "where the part of the soil block is situated outside the areas listed in (c)" shall be deleted;
15. in Article 12 (1) of the introductory part of the provision, the words "or part thereof" shall be inserted after the words "this part of the soil block."
16. in Article 12 (1) (b), the word "or" shall be deleted;
17. In Article 12, at the end of paragraph 1, the dot is replaced by "or 'and the following point (d) is added:
"(d) strawberry cultivation."
18. In Section 12 (2) of the Introductory Part of the Provisions, the words "Annex 6 'are replaced by the words" Part A of Annex 6' and the words "or part thereof 'are inserted after the word" Block'.
19. in Article 12 (2) (a) and (b), the words "or parts thereof" shall be inserted after the word "block."
20. In Article 12 (3), the words "4 or" shall be inserted after the words "referred to in the paragraph."
21. in Article 12 (4), point (a) shall be deleted;
Points (b) to (f) shall be renumbered (a) to (e).
22. in Article 12 (4) (a):
"(a) only the supported vegetable species listed in Annex 4 to this Regulation (hereinafter referred to as" the supported vegetable species ") or the specific plant species listed in Annex 5 to this Regulation (hereinafter referred to as" the supported type of herbs ") shall be grown during the calendar year, except for improving non-market crops listed in Part A of Annex 6 to this Regulation, the aggregate area of the agricultural land to which the applicant cultivates the supported vegetable species or the supported type of herbs shall be at least equal to the area of the soil block part or part of that listed in the subsidy application;"
23. In Articles 12 (4) (c), 12 (4) (e), 12 (5), 12 (6) (a) and 12 (6) (b), the words "or parts thereof" shall be inserted after the word "block."
24. In Article 12, the following paragraph 7 is added:
"(7) Applicant requesting subsidy under paragraph 1 (d)
(a) grow a strawberry on a given part of the soil block or part thereof at a minimum density of 20 000 viable individuals per hectare of the area planted with the strawberry during at least the period from the date of submission of the application for the subsidy until 30 June of the relevant calendar year;
(b) in the case of planting, in the relevant calendar year, satisfy the minimum planting requirement of the recognised strawberry seed referred to in Annex 4 to this Regulation;
(c) carry out, where appropriate, the planting of strawberry only after the precrop or the main crop with the intercrop, the precrop or intercrop being introduced into the soil as green fertilisation; the conversion of the pre-crop or intermediate crop shall be indicated in the crop records referred to in Article 72 of Commission Regulation (EC) No 889 / 2008 for that part of the soil block or part thereof,
(d) carry out, from the second year of the commitment, no later than 30 April of the calendar year concerned, the removal of the blades of the strawberry leaves; the condition shall not apply to the part of the soil block or part thereof for which the planting of the strawberry has been carried out during the period 1 September to 31 December of the calendar year immediately preceding the calendar year in which the application for the subsidy referred to in Article 6 (3) (b) or in the relevant calendar year; the maintenance shall be maintained in the crop records referred to in Article 72 of Commission Regulation (EC) No 889 / 2008 for the part of the soil block or part thereof,
(e) ensure that the grafting is carried out at least twice a year; the first padding shall be carried out by 31 August at the latest and the second padding shall be carried out by 31 October of the relevant calendar year at the latest, the condition shall not apply to the part of the soil block or part thereof to which cultivation technology is used using sheets or textiles;
(f) ensure, by 30 September at the latest, the relevant calendar year for the maintenance of the strawberry crop by mowing and mopping the biomass, whether or not multivated;
(g) does not carry out grazing on the part of the soil block or part thereof;
(h) prove its own production of strawberries, at a minimum of 2 000 kg per hectare of the area planted with the strawberry for which it applies for the subsidy, by supporting, by 31 January of the following calendar year at the latest, the Fund for the Fund for the Fund issued by the Fund for the Form, the volume of its own production and the crop records referred to in Article 72 of Commission Regulation (EC) No 889 / 2008 for the relevant works of the soil blocks on which the strawberry is grown, together with:
1. accounting and tax documents for the period 1 January to 31 December of the calendar year concerned for the sale of own production; or
2. documents for the period 1 January to 31 December of the calendar year concerned showing the volume of own production used for further processing, including production calculations;
this condition shall not apply to the part of the soil block or part thereof on which the strawberry crop is based for the first year, the applicant shall provide evidence of that fact by recording the crop production referred to in Article 72 of Commission Regulation (EC) No 889 / 2008,
(i) they do not comply with the conditions referred to in points (d) to (f) on the part of the soil block or part thereof on which the strawberry has been destroyed or incorporated into the soil after the harvest, but first on 1 July of the calendar year concerned. "
25. in Paragraph 13 (a):
"(a) ensure:
1. agricultural management in accordance with § 7 (2) (c) and § 7 (3) of Decree No. 50 / 2015 Coll. under the conditions set out in (b),
2. the execution of the second crop with the removal of biomass or pasture by 31 October of the relevant calendar year at the latest; ';
26. in Article 15 (2) (a), the word "said" is replaced by the word "said."
27. in Paragraph 15 (2) (b) (1), the word "one" is replaced by "one."
28. in Article 15 (2) (b) (2):
"2. on the minimum density of viable individuals per hectare of production area, in the case of kernels of 500 viable individuals, in the case of stone trees of 200 viable individuals or in the case of fruit bushes of 2 000 viable individuals, in the period from the date of receipt of the subsidy application until 31 December of the relevant calendar year; in the case of the cultivation of kernels, stone trees or shrubs referred to in this point on one part of the soil block, the applicant shall fulfil the density of the planting for kernels, stone trees and shrubs, the sum of the area of all the partial production areas under the fruit set being equal to the area corresponding to the area of the relevant part of the soil block registered in the land use register on the applicant, ';
29. in Article 15 (2), point (g) is deleted;
Points (h) to (m) shall be renumbered as points (g) to (l).
30. in Paragraph 15 (2) (j):
"(j) demonstrate for the predominant type of fruit, according to the area concerned, the minimum level of actual production per hectare of the area for which it applies for the subsidy, at the minimum level of the reference value referred to in Annex 9 to this Regulation, by supporting, by 31 January of the following calendar year at the latest, the Fund for the Fund for the Fund for the Fund issued by the Fund for the Fund for the Fund for the own production and the crop records referred to in Article 72 of Commission Regulation (EC) No 889 / 2008 to the relevant works of the soil blocks on which the dominant type of fruit is grown;"
31. in Article 15 (2) (k), the words "climatic indicators" are replaced by the words "meteorological elements."
32. in Article 15 (2) (l), "(l)" is replaced by "(k)";
33.Paragraph 15 (3) (a) reads as follows:
"(a) submit an application for a subsidy only for the part of the soil block on which the planting of the minimum density of viable individuals per hectare of production area is located, for fruit trees 100 viable individuals or for fruit bushes 1 000 viable individuals, within the period from the date of receipt of the request for subsidy to 31 December of the relevant calendar year; in the case of the cultivation of fruit trees and fruit shrubs referred to in this point on one part of the soil block, the applicant shall fill the density of planting with fruit trees and shrubs, the sum of the area of all sub-production areas under the fruit set being the same as that corresponding to the area of the relevant part of the soil block registered in the land use register to the applicant, ';
34. in Article 15 (3) (j):
"(j) demonstrate, for the predominant fruit species according to the area concerned, the minimum level of actual fruit production per hectare of the area for which it applies for the subsidy, at the minimum level of the reference value set out in Annex 9 to this Regulation, by supporting, by 31 January of the following calendar year at the latest, the Fund for the Fund for the Fund for the Fund issued by the Fund for the Fund for the Fund for the own production and the crop records referred to in Article 72 of Commission Regulation (EC) No 889 / 2008 on the relevant works of the soil blocks on which the dominant type of fruit is grown."
35. In Article 15, paragraphs 5 and 6 are added:
"(5) The applicant shall provide evidence of compliance with paragraph 2 (j) and paragraph 3 (j) with:
1. accounting and tax documents for the period 1 January to 31 December of the calendar year concerned for the sale of own production,
2. documents for the period 1 January to 31 December of the relevant calendar year showing the volume of own production used for further processing, including production calculations; or
3. in the case of the feeding of the production of other orchards, the record of feeding livestock referred to in Article 76 of Commission Regulation (EC) No 889 / 2008 showing the quantity of fattened fruit may be accepted until the minimum level of the own production of other orchards has been demonstrated, up to a maximum of 20% of the reference value referred to in Annex 9 to this Regulation;
in the case of the same predominant fruit species referred to in paragraph 2 (j) and paragraph 3 (b), (j) the minimum level of own production shall be calculated as the sum of the multiple of the area of the set referred to in paragraph 1 (a) and its reference value referred to in Annex 9 to this Regulation and the set referred to in paragraph 1 (b) and its reference value referred to in Annex 9 to this Regulation.
(6) Production area means in the case of:
(a) paragraph 1 (a) of the sub-area of the set registered in the fruit orchards register referred to in § 2 (1) (h) of the Act on the Central Control and Examination Institute of Agriculture and under Decree No. 88 / 2006 Coll., on the manner and extent of the requirement of data on fruit orchards managed under the intensive fruit regime, broken down into kernels, stone trees or fruit shrubs;
(b) paragraph 1 (b) of the sub-area of the set registered in the fruit orchards register referred to in Article 2 (1) (h) of the Act on the Central Control and Examination Institute of Agriculture and under Decree No. 88 / 2006 Coll., broken down into fruit trees or fruit bushes. ';
36. In Paragraph 18, at the end of paragraph 1, the dot is replaced by a comma and the following point (l) is added:
"(l) EUR 669 / 1 hectare of standard arable land, if it is for growing strawberry in an organic farming system on which the applicant fulfils the conditions laid down in Article 12 (7)."
37. In Article 18, at the end of paragraph 2, the dot is replaced by a comma and the following point (l) is added:
"(l) EUR 583 / 1 hectare of standard arable land, if it is for growing strawberry in the organic farming system on which the applicant fulfils the conditions laid down in Article 12 (7)."
38. In Section 18, at the end of the text of paragraph 4, the words "or in the context of the application of the grubbing-up of routes of concentrated effluent according to § 2 (h) of the Government Regulation No 75 / 2015 Coll. 'are added.
39. In Paragraph 18, the following paragraph 7 is inserted after paragraph 6:
"(7) A subsidy calculated in accordance with § 18 (1) (g), (h), (i) or (k) or § 18 (2) (g), (h), (i) or (k) shall not be granted if the type of agricultural culture has been changed to standard arable land under § 6 (3) (b) or grassland under § 6 (3) (c)."
Paragraphs 7 to 9 shall be renumbered paragraphs 8 to 10.
40. in Paragraph 18 (9), "1 to 7" is replaced by "1 to 8";
41. In Article 20, at the end of paragraph 3, the sentence "The Fund shall assess the repeated non-compliance cumulatively for all or parts of the soil blocks for which the applicant has submitted a subsidy application pursuant to Sections 11, 12 (1) (a), (b), (c) or (d), 13, 14, 15 (1) (a) or (b), 16 or 17 in the relevant calendar year."
42.Paragraph 21 (2) reads as follows:
"(2) The subsidy to agricultural land with a type of agricultural culture of permanent grassland as calculated in accordance with Article 11, calculated in accordance with Article 18, shall be reduced by 3% in the relevant calendar year if the Fund for the applicant finds that the conditions referred to in Article 11 (1) (e) have not been met, while the fund established the intensity of livestock farming was once higher or equal to 0,2 and below 0,3 livestock units per hectare of agricultural land managed by the applicant and kept in the land use register with the type of agricultural crop of permanent grassland. '
43. Paragraph 21 (3) is deleted.
Paragraphs 4 to 6 shall become paragraphs 3 to 5.
44. in Article 21 (3), "Article 15 (2) (i)" is replaced by "Article 15 (2) (h)";
45. in § 22 (2) (a), "§ 11 (1) (a)" is replaced by "§ 11 (1) (a) (2)";
46. in Article 22 (3), the words "or 3" shall be deleted;
47. in Paragraph 22, the following paragraph 4 is inserted after paragraph 3:
"(4) The subsidy to agricultural land with a type of agricultural culture shall be reduced by 10% in accordance with Article 12 (1) (d), calculated in accordance with Article 18, if the Fund for the applicant finds that the conditions referred to in Article 12 (7) (e) are not met. '
Paragraphs 4 to 9 shall be renumbered paragraphs 5 to 10.
48. in § 22 (5), "§ 13 (a)" is replaced by "§ 13 (a) (2)";
49. In Paragraph 22 (6), the words "agricultural land 'are replaced by the words" part of the soil block' and the words "on the part of the soil block 'are added at the end of the text of paragraph 6.
50. in Paragraph 22 (7), "Article 15 (2) (h)" is replaced by "Article 15 (2) (g)";
51. In Article 23, the following paragraph 3 is inserted after paragraph 2:
"(3) The subsidy for the part of the soil block with the type of agricultural culture of permanent grassland referred to in Article 11 shall be reduced by 25% in the relevant calendar year if the Fund finds that the condition referred to in Article 11 (1) (b) is not met for that part of the soil block. ';
Paragraphs 3 to 9 shall be renumbered paragraphs 4 to 10.
52. in Article 23 (4), "§ 12 (4) (c), (d) or (f)" shall be replaced by "§ 12 (4) (b) or (c)";
53. In Paragraph 23 (5), "§ 12 (1) (c)" is replaced by "§ 12 (1) (d)" and "§ 12 (6) (b)" is replaced by "§ 12 (7) (a), (b), (d) or (f)."
54. In Article 23, the following paragraph 6 is inserted after paragraph 5:
"(6) The subsidy for the part of the soil block with the type of agricultural crop grassland referred to in Article 13 shall be reduced by 25% in the relevant calendar year if the Fund finds that the condition referred to in Article 13 (b) is not met in that part of the soil block. '
Paragraphs 6 to 10 shall become paragraphs 7 to 11.
55. in Paragraph 23 (7):
"(7) The subsidy for the part of the soil block with the type of agricultural eel culture referred to in Section 14 calculated in accordance with Section 18 in the relevant calendar year shall be reduced by 25% if the Fund for the applicant finds that the condition referred to in Section 14 (1) (b) is not met, which consists in the omission of 2 mechanical operations on that part of the soil block. '
56. In Paragraph 23, the following paragraph 8 is inserted after paragraph 7:
"(8) The subsidy to agricultural land with the type of agricultural eel culture referred to in Article 14 calculated in accordance with Article 18 in the relevant calendar year shall be reduced by 25% if the Fund finds that the applicant has not met the conditions set out in Article 14 (3). ';
Paragraphs 8 to 11 shall be renumbered paragraphs 9 to 12.
57. in Article 23 (9), "§ 15 (2) (d), (f), (g), (j), (l) or (m)" is replaced by "§ 15 (2) (d), (f), (k) or (l)" and "§ 15 (2) (l) or (m)" is replaced by "§ 15 (2) (k) or (l)."
58. in Article 23 (10), "§ 15 (3) (e), (f) or (i)" is replaced by "§ 15 (3) (e) or (f)";
59. In Paragraph 23 (12), "§ 17 (b), (c), (d), (f) or (h)" is replaced by "§ 17 (b), (c), (d) or (f)" and the second sentence is deleted.
60. in Article 24 (2), "§ 12 (4) (e)" is replaced by "§ 12 (4) (d) or (e)";
61.In Article 24 (4), "§ 12 (6) (c) 'is replaced by" § 12 (6) (b) or (c)';
62. In Article 24, the following paragraph 5 is inserted after paragraph 4:
"(5) The grant to agricultural land with a type of agricultural culture shall be reduced by 50% in accordance with Article 12 (1) (d), calculated in accordance with Article 18, if the Fund finds for the applicant that the conditions referred to in Article 12 (7) (c) or (g) are not met. ';
Paragraphs 5 and 6 shall become paragraphs 6 and 7.
63. In Paragraph 24 (6), the words "agricultural land 'are replaced by the words" part of the soil block' and the words "on that part of the soil block 'are added at the end of the text of paragraph 6.
64. In Article 24, the words "or (i) 'shall be added at the end of the text of paragraph 7.
65. In Article 24, paragraphs 8 and 9 are added:
"(8) The subsidy to agricultural land with a type of agricultural culture of fruit orchards provided for in Article 15 (1) (b), calculated in accordance with Article 18, shall be reduced by 50% in the relevant calendar year if the Fund finds that the applicant has not met the conditions referred to in Article 15 (3) (i).
(9) The grant to agricultural land with a type of agricultural culture of another permanent culture as calculated in accordance with Article 17 in accordance with Article 18 shall be reduced by 50% in the relevant calendar year if the Fund finds that the applicant has not met the conditions set out in Article 17 (h). ';
66. In Paragraph 25 (2) (a), the words "in § 9 (1) (a) to (d)" are replaced by the words "in § 9 (1) (a), (c) or (d)."
67.In Paragraph 25 (3), "Paragraph 11 (1) (a)" is replaced by "Paragraph 11 (1) (a) (2)."
68. In Article 25 (5), "Article 12 (4) (b) 'is replaced by" Article 12 (4) (a)';
69. In Paragraph 25, the following paragraph 8 is inserted after paragraph 7:
"(8) The grant to agricultural land with a type of agricultural culture of standard arable land referred to in Article 12 (1) (d) shall not be granted in the relevant calendar year if the Fund finds for the applicant that the conditions referred to in Article 12 (7) (h) are not met; non-compliance shall also be considered as non-compliance by 31 January of the calendar year following the year in which the applicant applied for the subsidy. ';
Paragraphs 8 to 14 shall become paragraphs 9 to 15.
70.In Paragraph 25 (9), "Paragraph 13 (a)" is replaced by "Paragraph 13 (a) (2)."
71. in Article 25 (10), the words "agricultural land" shall be replaced by the words "part of the soil block" and the words "on the part of the soil block" shall be added at the end of the text of paragraph 10.
72.In Paragraph 25 (11), "Paragraph 15 (2) (k) 'is replaced by" Paragraph 15 (2) (j)';
73. In Article 25 (14), the words "on which non-compliance has been established" shall be inserted after the word "block."
74. In Paragraph 25 (15), "paragraph 13 'is replaced by" paragraph 14';
75. In Paragraph 27, the following paragraph 2 is inserted after paragraph 1:
"(2) If, in the relevant calendar year, the area of agricultural culture is reduced by fruit orchards as referred to in Article 6 (3) (e), vineyards as referred to in Article 6 (3) (f) or hops as referred to in Article 6 (3) (g), as referred to in the application for a subsidy as a result of grubbing up and changing the agricultural land culture to standard arable land as referred to in Article 6 (3) (b) or to grassland as referred to in Article 6 (3) (c), it shall not constitute an infringement of Article 19 of Commission Delegated Regulation (EU) No 640 / 2014. ';
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
76. In Annex 3, the sentence "For bovine and equine animals up to and including 6 months of age, the age shall be calculated from the day following the date of birth."
77. In Annex 4, the word "strawberry 'is inserted after the title after the word" vegetables'.
78. In Annex 4, rows 5 and 6 read:
„
“.
| 5. | Cibule** | 100 000/450 kg | 450 000 semen | 2,7 |
| 6. | Šalotka** | 110 000 | 500 000 semen | 3,2 |
79. In Annex 4, the following row 14 is inserted after row 13:
„
“.
| 14. | Jahodník | 29 000 | – | – |
The current rows 14 to 47 are renumbered as rows 15 to 48.
80. In Annex 4, row 31 reads:
„
“.
| 31. | Pažitka** | 45 000 | 3 500 000 semen | 0,65 |
81. In Annex 4, row 33 reads as follows:
„
“.
| 33. | Petržel naťová** | 65 000 | 900 000 semen | 1,0 |
82. In Annex 4, the entries under the Annex are as follows:
"* Except for the oily, fikolist and mixed gourds.
* * In the case of onions, shallots, tomatoes and parsley, this is the number of packages per ha; for these crops there may be more than 1 plant in each package. "
83. in Annex 5, the following rows 30 and 31 are inserted after row 29:
„
“.
| 30. | Máta kadeřavá |
| 31. | Máta jemná |
The current rows 30 to 54 are renumbered as rows 32 to 56.
84.
"Annex No 6 to Government Regulation No 76 / 2015 Coll.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Regulation No. 64 / 2016 Coll., amending Government Regulation No. 76 / 2015 Coll., on the conditions for implementing organic farming measures, as amended by Government Regulation No. 113 / 2015 Coll., and amending certain related government regulations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.02.2016 |
|---|---|
| Effective from | 01.03.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0