Government Decree No. 64 / 2020 Coll.

Government Regulation amending Government Regulation No 29 / 2016 Coll., on the conditions for granting subsidies under forestry and climate and forest protection measures and amending certain related government regulations, as amended, and other related government regulations

Valid Regulation Effective from 15.03.2020
64
GOVERNMENT REGULATION
of 2 March 2020
amending Government Regulation No 29 / 2016 Coll., on the conditions for granting subsidies under forestry, environmental and climate services and forest protection measures and amending certain related government regulations, as amended, and other 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.:

ČÁST PRVNÍ

Amendment of the Government Regulation on the conditions for granting subsidies under forestry, environmental, climate and forest protection measures
Čl. I
Government Regulation No 29 / 2016 Coll., on the conditions for granting subsidies under forestry and climate services and forest protection measures and amending certain related government regulations, as amended by Government Regulation No 36 / 2017 Coll., Government Regulation No 49 / 2017 Coll. and Government Regulation No 314 / 2017 Coll., are amended as follows:
1. In Article 3, the following paragraph 8 is added:
"(8) A request for inclusion may not be made to the Fund for a period beginning in 2021 and thereafter."
2. In Articles 4 (7) and 10 (7), the words "or a person who does not apply for a subsidy, or in the area of a growing group where a person cannot be identified on that growing group 'are deleted.
3. At the end of footnote 5, the sentence "Decree No 298 / 2018 Coll., on the processing of forest development plans and on the definition of economic files shall be added to the separate line. '
4. in Article 7 (4), point (b) shall be deleted;
Point (c) shall be renumbered (b).
5. In Paragraph 8 (2), at the end of the text in point (a), the words "or, when a plan or outline is amended to change the size type of the pool - code 8 to another supported type of economic file 'are added.
6. In Article 8, at the end of paragraph 3, the sentence "When the control is carried out, the main woody material characteristic of the crop types shall only be taken into account in the case of the renewal of the crop group."
7. Paragraph 11 (9) reads as follows:
"(9) In the event of a change in the crop type of the economic file, the applicant shall submit to the Fund by 15 May an application for an amendment to the classification indicating the new crop type of the economic file. Where a change of the crop type of the economic file chosen by the rotation of the crop group in the sub-measure referred to in Article 2 (a) is made to another supported crop type of the economic file in order to maintain or achieve a favourable status of the conservation object in the Natura 2000 areas or specially protected areas, it shall be confirmed by the forestry expert and the opinion of the local competent nature conservation authority. ';
8. In Paragraph 11, the following paragraph 10 is added:
"(10) The applicant shall not be obliged to proceed in accordance with the second sentence of paragraph 9 where a change in the size type - code 8 to another supported type of the economic file occurs when the plan or outline is changed. ';
9. In the Annex, in the row Other leafy column of the main wood, the words "white topol, black topol'
Čl. II
Transitional provision
The procedure for applications for grants initiated pursuant to Government Regulation No 29 / 2016 Coll., as effective before the date of entry into force of this Regulation, shall be completed pursuant to Government Regulation No 29 / 2016 Coll., as effective before the date of entry into force of this Regulation.

ČÁST DRUHÁ

Amendment of the Government Regulation on certain conditions for granting subsidies on the afforestation of agricultural land and on the establishment of crops of rapidly growing timber on agricultural land intended for energy use
Čl. III
In Article 15 of Decree-Law No 308 / 2004 Coll., laying down certain conditions for the granting of subsidies on the afforestation of agricultural land and on the establishment of crops on agricultural land intended for energy use, the following paragraph 3 is added:
"(3) The Fund shall not grant a subsidy for part of the soil block, or part of part of the soil block, registered in the register for which the procedure laid down in Article 3g (4) of the Act has been applied. ';
Čl. IV
Transitional provision
Applications initiated under Government Regulation 308 / 2004 Coll., as effective before the date of entry into force of this Regulation, shall be completed under Government Regulation 308 / 2004 Coll., as effective before the date of entry into force of this Regulation.

ČÁST TŘETÍ

Amendment of the Government Regulation on the conditions for granting subsidies for afforestation of agricultural land
Čl. V
In Article 2 of Decree No. 239 / 2007 Coll., on the establishment of conditions for the grant of subsidies for afforestation of agricultural land, paragraph 7 is added as follows:
"(7) The afforestation subsidy may not be granted for part of the soil block (6) or part of the soil block part registered in the land register for which the procedure under Article 3g (4) of the Act has been applied."
Čl. VI
Transitional provision
Applications initiated under Government Regulation No. 239 / 2007 Coll., as effective before the date of entry into force of this Regulation, shall be completed under Government Regulation No. 239 / 2007 Coll., as effective before the date of entry into force of this Regulation.

ČÁST ČTVRTÁ

Amendment of the Government Regulation on the conditions for granting subsidies for the conservation of the forest-based economic population under the Natura 2000 measure in forests
Čl. VII
Government Regulation No. 147 / 2008 Coll., on the establishment of conditions for the granting of subsidies for the conservation of the economic population of forest land under the Natura 2000 measure in forests, as amended by Government Regulation No. 51 / 2009 Coll., Government Regulation No. 83 / 2009 Coll., Government Regulation No. 480 / 2009 Coll., Government Regulation No. 369 / 2010 Coll., Government Regulation No. 106 / 2012 Coll., Government Regulation No. 448 / 2012 Coll., Government Regulation No. 76 / 2013 Coll., Government Regulation No. 400 / 2013 Coll., Government Regulation No. 49 / 2017 Coll., Government Regulation No. 314 / 2014 Coll., Government Regulation No. 113 / 2015 Coll., Government Regulation No. 29 / 2016 Coll., Government Regulation No. 36 / 2017 Coll., Government Regulation No. 49 / 2017 Coll., and Government Regulation No. 314 / 2017 Coll., is amended as follows:
1. At the end of footnote 8, the sentence "Decree No 298 / 2018 Coll., on the processing of forest development plans and on the definition of economic files shall be added to the separate line. '
2. in Article 4 (3), point (b) is deleted;
Point (c) shall be renumbered (b).
3. In Section 5, at the end of the text in point (c), the words "or, when the plan or outline is amended, to change the size type of the pool - code 8 to another supported type of economic file 'are added.
4. In Article 7 (7), the words "or a person who does not apply for a subsidy or to an area of a growing group for whom a person cannot be identified on that growing group 'are deleted.
5. Paragraph 7a (9) reads as follows:
"(9) In the event of a change in the crop type of the economic file, the applicant shall submit to the Fund by 15 May an application for a change in the classification, together with a confirmation of the forest operator, indicating the new crop type of the economic file. Where a change in the crop type of the economic file chosen by the selected crop group to another supported crop type of the economic file is carried out in order to maintain or achieve a favourable status of the conservation object in the Natura 2000 areas, it shall be confirmed by the professional forestry sector and by the consistent opinion of the local competent nature conservation authority. ';
6. In Article 7a, the following paragraph 10 is added:
"(10) The applicant shall not be obliged to proceed in accordance with the second sentence of paragraph 9 where a change in the size type - code 8 to another supported type of the economic file occurs when the plan or outline is changed. ';
7. In Paragraph 8, at the end of paragraph 2, the sentence "The procedure referred to in the first sentence shall not apply to cases where there is a change in the size type of the pool - code 8 in accordance with Paragraph 7a (10)."
8. In Article 9, the following paragraph 5 is added:
"(5) If the Fund finds that the area of the selected crop group is no longer in Natura 2000, it shall exclude the selected crop group in order to maintain the economic group. The repayment of the subsidy shall not apply if it is a non-compliance as a result of the updating of the Natura 2000 demarcation. ';
9. In the Annex, in the row Other leafy column of the main wood, the words "white topol, black topol'
Čl. VIII
Transitional provision
Proceedings on applications for grants initiated under Government Regulation No. 147 / 2008 Coll., as effective before the date of entry into force of this Regulation, shall be completed under Government Regulation No. 147 / 2008 Coll., as effective before the date of entry into force of this Regulation.

ČÁST PÁTÁ

Amendment of the Government Regulation on the conditions for granting subsidies on forestry-environmental measures
Čl. IX
Government Regulation No. 53 / 2009 Coll., on the establishment of conditions for the granting of subsidies on forestry-environmental measures, as amended by Government Regulation No. 83 / 2009 Coll., Government Regulation No. 480 / 2009 Coll., Government Regulation No. 369 / 2010 Coll., Government Regulation No. 108 / 2012 Coll., Government Regulation No. 448 / 2012 Coll., Government Regulation No. 75 / 2013 Coll., Government Regulation No. 400 / 2013 Coll., Government Regulation No. 29 / 2014 Coll., Government Regulation No. 308 / 2014 Coll., Government Regulation No. 113 / 2015 Coll., Government Regulation No. 29 / 2016 Coll., Government Regulation No. 36 / 2017 Coll., Government Regulation No. 49 / 2017 Coll., Government Regulation No. 314 / 2017 Coll., is amended as follows:
1. In Article 7 (7), the words "or a person who does not apply for a subsidy or to an area of a growing group for whom a person cannot be identified on that growing group 'are deleted.
2. In Article 8 (1) and (2), the words "the economic group, the forest type set for forest protection and 'shall be deleted and the word" certified' shall be replaced by the word "certified '.
Čl. X
Transitional provision
The procedure for applications for grants initiated pursuant to Government Regulation No. 53 / 2009 Coll., as effective before the date of entry into force of this Regulation, shall be completed pursuant to Government Regulation No. 53 / 2009 Coll., as effective before the date of entry into force of this Regulation.

ČÁST ŠESTÁ

Amendment of the Government Regulation on the conditions for granting payments in Natura 2000 areas on agricultural land
Čl. XI
Government Regulation No. 73 / 2015 Coll., on the conditions for granting payments in Natura 2000 areas on agricultural land, as amended by Government Regulation No. 113 / 2015 Coll., Government Regulation No. 64 / 2016 Coll., Government Regulation No. 49 / 2017 Coll. and Government Regulation No. 43 / 2018 Coll., is amended as follows:
1. in Article 2 (a) to (c), the words "the first zone" shall be deleted after the word "the territory";
2. in Article 4 (1) (b), the words "in the territory of the first protected landscape zone and in the territory of the national park" shall be inserted after the words "such parts of the soil blocks."
3. Paragraph 5 (3) reads as follows:
"(3) The rate per hectare of agricultural land with a type of agricultural culture of permanent grassland in the Natura 2000 area referred to in Article 2 shall be:
(a) EUR 86 in the case of a part of a soil block situated on the territory of the first protected landscape area; and
(b) EUR 76 in the case of the part of the soil block situated in the territory of the national park. ';
4. In Article 6 (b) (1), "a 'is deleted.
5. In Article 6 (b), at the end of point 2, the words "where the part of the soil block situated in the territory of the 1st protected landscape area is concerned, and 'are added.
6. In Article 6, the following point 3 is added at the end of point (b):
'3. Only uses manure or compost for fertilisation in the case of a part of a soil block situated in the national park; the application of fertiliser is not considered to be animal grazing, ';
7. In Paragraph 9 (2), the words "or 3 'shall be added at the end of the first sentence.
8. In Article 9, paragraphs 5 and 6 are added:
"(5) The Fund shall not grant payment for the relevant part of the soil block in the territory of the national park if it finds that the part of the soil block is situated in the built-up territory of the municipality or the built-up area of the municipality.
(6) The Fund will not make payment for the relevant part of the land block if it finds that it has been followed in accordance with Article 3g (4) of the Agriculture Act. "
Čl. XII
Transitional provision
Applications initiated under Government Regulation No. 73 / 2015 Coll., as effective before the date of entry into force of this Regulation, shall be completed under Government Regulation No. 73 / 2015 Coll., as effective before the date of entry into force of this Regulation.

ČÁST SEDMÁ

Amendment of the Government Regulation on the conditions for granting subsidies under the afforestation measures and amending certain related government regulations
Čl. XIII
The following paragraph 11 is added to Article 9 of Decree No 185 / 2015 Coll., on the conditions for granting subsidies under the afforestation measures and amending certain related government regulations:
"(11) The Fund shall not grant the subsidy under the afforestation measure for part of the part of the land block registered in the land use register if it finds that it has been followed in accordance with Section 3g (4) of the Agriculture Act. '
Čl. XIV
Transitional provision
The procedure for applications for grants initiated under Government Regulation No. 185 / 2015 Coll., as effective before the date of entry into force of this Regulation, shall be completed under Government Regulation No. 185 / 2015 Coll., as effective before the date of entry into force of this Regulation.

ČÁST OSMÁ

Amendment of the Government Regulation on the conditions for granting payments to mountain areas and other areas with natural or other specific constraints and amending certain related government regulations
Čl. XV
In Article 10 of Decree-Law No 43 / 2018 Coll., on the conditions for granting payments to mountain areas and other areas with natural or other specific constraints and amending certain related government regulations, the present text is renumbered paragraph 1 and the following paragraph 2 is added:
"(2) The Fund shall not make payment for the relevant part of the land block if it finds that it has been followed in accordance with Section 3g (4) of the Agriculture Act. '
Čl. XVI
Transitional provision
Applications initiated under Government Regulation No. 43 / 2018 Coll., as effective before the date of entry into force of this Regulation, shall be completed under Government Regulation No. 43 / 2018 Coll., as effective before the date of entry into force of this Regulation.

ČÁST DEVÁTÁ

Amendment of the Government Regulation on the conditions for granting payments to temporarily supported areas with natural constraints
Čl. XVII
The following paragraph 3 is added to Article 9 of Decree No 44 / 2018 Coll., on the conditions for granting payments to temporarily supported areas with natural constraints:
"(3) The Fund shall not make payment for the relevant part of the land block if it finds that it has been followed in accordance with Section 3g (4) of the Agriculture Act. '
Čl. XVIII
Transitional provision
Applications initiated under Government Regulation No. 44 / 2018 Coll., as effective before the date of entry into force of this Regulation, shall be completed under Government Regulation No. 44 / 2018 Coll., as effective before the date of entry into force of this Regulation.

ČÁST DESÁTÁ

EFFECTIVE
Čl. XIX
This Regulation shall enter into force on 15 March 2020.
Prime Minister:
v. JUDr. Schiller, Ph.D., v. r.
Deputy Prime Minister and Minister for Finance
Minister for Agriculture:
Ing. Toman, CSc., v. r.

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Regulation Information

CitationGovernment Regulation No. 64 / 2020 Coll., amending Government Regulation No. 29 / 2016 Coll., on the conditions for granting subsidies under forestry and climate and forest protection measures and amending certain related government regulations, as amended, and other related government regulations
Regulation TypeRegulation
Author-
CollectionCode of Laws
Date of Promulgation05.03.2020
Effective from15.03.2020
Effective until-
Status Valid
The regulation text is for informational purposes only.
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