Government Decree No. 68 / 2024 Coll.
Government Regulation amending Government Regulation No. 83 / 2023 Coll., laying down conditions for granting direct payments to farmers, and Government Regulation No. 307 / 2014 Coll., laying down details of land use records according to user relations, as amended
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Effective from 01.04.2024
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68
GOVERNMENT REGULATION
of 13 March 2024
amending Government Regulation No 83 / 2023 Coll., laying down conditions for granting direct payments to farmers, and Government Regulation No 307 / 2014 Coll., laying down details of land use records according to user relations, as amended
The Government orders pursuant to § 2c (5), § 3a (5) (i) and § 3i of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 85 / 2004 Coll., Act No. 291 / 2009 Coll., Act No. 179 / 2014 Coll. and Act No. 382 / 2022 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 on the State Agricultural Intervention Fund), 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 granting direct payments to farmers
Government Decree No 83 / 2023 Coll., establishing the conditions for granting direct payments to farmers, is amended as follows:
1. in Paragraph 4 (1) (b) of the introductory part of the provision, the words "submitted an application for payment to the Fund" shall be replaced by the words "the Fund."
2. In Article 4 (1) (b) (1), the word "tied 'is replaced by the words" submitted a tied income support application'.
3. In Article 4 (1) (b) (2), the words "for farmers complying with agricultural practices favourable to the climate and the environment 'are replaced by the words" has provided a crop declaration' and the words "for which an application has been submitted 'are replaced by the words" to which the declaration has been lodged'; and ';
4. In Article 4 (1) (c), the words "vine or vegetable or strawberry 'are replaced by the words" integrated production of vine or integrated production of vegetables, multiannual production crops, strawberry and potatoes'.
5. in Article 4 (2) (a), the word "overall" shall be inserted after the word "80% of its";
6. In Article 4 (2) (d), the words "or in the year of application 'shall be inserted after the word" years'.
7. In Article 4 (5) (b), the words "a tax return or a copy thereof 'shall be replaced by the words" a copy of the tax return with all annexes' and the words "accounting documents' shall be inserted after the words" at least to the extent that the share referred to in paragraph 2 (a) is fulfilled '.
8. in Article 5 (b):
"(b) the list and area of the main crop on all parts of the soil blocks registered at the date of application to the applicant in the register of land use with agricultural culture of standard arable land, grassland, eel or area with multiannual production crops and information on:
1. Intercrop grown before that main crop pursuant to Article 10 (3) of the Government Regulation governing rules on cross-compliance of payments to farmers;
2. other crops grown in parallel with that main crop as part of soil protection technology in accordance with Section 8 of the Government Regulation governing rules on cross-compliance of payments to farmers;
3. the subsowing of other crops grown as part of soil protection technology in accordance with Article 8 of the Government Regulation governing rules on cross-compliance of payments to farmers; or
4. the fact that it is an area used for scientific or research activities or testing; ';
9. In Article 7, the following paragraph 2 is inserted after paragraph 1:
"(2) The applicant shall manage the eel referred to in paragraph 1 (b) by making a mower, pasture, including the destruction of the underpassports, or by mulching, within the period of 31 August of the year of application, this condition shall not apply to applicants under the climate and environment regime. ';
Paragraphs 2 to 8 shall be renumbered paragraphs 3 to 9.
10. in Article 7 (4), "2" is replaced by "3" and the text "§ 12 (1) (b)" is replaced by "§ 12 (1) (d)."
11. in Article 7 (5) of the introductory part of the provision, the number "2" is replaced by "3."
12. in Article 7 (5) (d), "2" is replaced by "3."
13. In Article 7, the following paragraph 7 is inserted after paragraph 6:
"(7) Where the applicant grows hemp, the Fund shall grant basic income support for sustainability only for seed of varieties published in the Common Catalogue of Varieties of Agricultural Plant Species on 15 March of the application year. ';
Paragraphs 7 to 9 shall be renumbered paragraphs 8 to 10.
14. in Paragraph 7 (8), "2" is replaced by "3."
15. in Paragraph 8 (1), the word "parts" shall be replaced by the words "list, area and type of agricultural culture of parts" and after the word "blocks," the words "to which the application is submitted and."
16. In Paragraph 8, the following paragraph 4 is inserted after paragraph 3:
"(4) The applicant shall manage the eel as referred to in paragraph 2 (b) by making a mower, pasture, including the destruction of the non-passports, or by mulching within the period of 31 August of the year of application. ';
Paragraphs 4 to 9 shall be renumbered paragraphs 5 to 10.
17. in Article 8 (5), "§ 7 (3) and § 7 (4)" shall be replaced by "§ 7 (4) and § 7 (5)";
18. in Paragraph 8 (6), "5" is replaced by "6 and 7."
19. in Paragraph 10 (a), "a" is replaced by a comma.
20. In Article 10, at the end of point (b), the dot is replaced by "a 'and the following point (c) is added:
"(c) an eco-payment to promote sustainable nutrient management."
21. The heading of Section 11 reads: "Applications submitted under the climate and environment scheme."
22. In Paragraph 11 (1), the word "parts' is replaced by the words" list, area and type of agricultural culture of parts', the words "registered in the land use register at the date of application and subject to declaration of all agricultural land 'are replaced by the words" covered by the application' and the words "or eco-payments to promote sustainable nutrient management 'are inserted after the words" premium all-fair eco-payments'.
23. in Article 11 (2), at the end of point (d), the word "a" is replaced by a comma.
24. In Article 11, at the end of paragraph 2, the dot is replaced by "a 'and the following point (f) is added:
"(f) an indication of the reason for the temporary non-use of the area for agricultural purposes where the area of the land block parts covered by the application is different from that of the land block parts which the applicant has registered in the land use register at the date of application and is the subject of a declaration of all agricultural land."
25. In Paragraph 11, the following paragraph 3 is inserted after paragraph 2:
"(3) Where the application for a basic pan-pharemic green eel eco-payment referred to in Article 14 (3) is included in the non-production area declaration, the applicant shall indicate in that declaration the year of establishment of the green eel; in the case of an extension of the green-eel part of the soil block, the year of establishment of the green eel shall not be changed. ';
Paragraph 3 shall become paragraph 4.
26. in Article 12 (1) (e), the words "with the removal of biomass or grazing including the disposal of the laptops" shall be inserted after the words "(d)."
27. in Article 12 (4), point (c) is deleted;
Points (d) to (j) shall be renumbered (c) to (i).
28. In Article 12 (4), the word "or 'is added at the end of point (g) and point (h) is deleted.
Point (i) shall be renumbered as point (h).
29. In Article 12, the following paragraph 5 is inserted after paragraph 4:
"(5) Non-compliance with the condition referred to in paragraph 3 (a) in the case of Natura 2000 areas shall not be affected where the agricultural culture is transformed into permanent grassland.
(a) in the context of the termination of land-use arrangements under the Land Adjustment Act and following the decision on the exchange or transfer of property rights to agricultural land, the soil block has changed the type of agricultural culture of permanent grassland to another type of agricultural culture; or
(b) not more than 0,1 hectares for each area. "
Paragraphs 5 and 6 shall become paragraphs 6 and 7.
30. in Article 13 (1) (a), the words "31 October" shall be replaced by the words "30 September" and the words "or registered on it by 31 October of the year of application, as regards the parts of the soil blocks referred to in paragraph 10," shall be inserted after the words "the year of application";
31. in Article 13 (2), the word "standard" shall be deleted;
32. in Article 13 (2) (a) to (c), the words "from different plant genera as defined by the botanical system of classification of crops or any species of the family of bruquets, aubergines or cucurbits" shall be replaced by the words "under Article 2 (1) (a) of the Government Regulation governing the rules on cross-compliance of payments to farmers."
33.Paragraph 13 (3) reads as follows:
"(3) The condition referred to in paragraph 2 shall not apply to:
(a) an applicant for which the area of arable land does not exceed 30 hectares and at the same time more than 75% of the arable land area registered in the land use register on the applicant at the relevant date under Article 2 (1) (c) of the Government Regulation governing cross-compliance rules for payments to farmers constitutes:
1. type of agricultural culture grassland,
2. the type of agricultural culture of the eel;
3. the area used for the cultivation of nitrogen-binding crops listed in Annex 5 to the Government Regulation governing the rules on cross-compliance of payments to farmers or their mixtures or mixtures of such crops with other crops, provided that the ratio of crops referred to in Annex 5 to the Government Regulation on cross-compliance of payments to farmers in a mixture is more than 50%;
4. the area used for the cultivation of crops as referred to in Annex 8 to the Decree of the Government governing the rules on cross-compliance of payments to farmers; or
5. the area on which the uses referred to in points 1 to 4 are combined;
(b) an applicant for which the area of arable land does not exceed 30 hectares and at the same time more than 75% of the agricultural area registered in the land use register on the applicant at the relevant date under Article 2 (1) (c) of the Government Regulation governing the rules governing cross-compliance of payments to farmers constitutes:
1. the type of agricultural culture of permanent grassland;
2. the type of agricultural culture grassland;
3. the area used for the cultivation of nitrogen-binding crops listed in Annex 5 to the Government Regulation laying down rules on cross-compliance of payments to farmers, their mixtures or mixtures of such crops with other crops;
4. the area used for the cultivation of crops as referred to in Annex 8 to the Decree of the Government governing the rules on cross-compliance of payments to farmers; or
5. the area on which the uses referred to in points 1 to 4 are combined; or
(c) applicants who manage the full area of arable land under organic farming. "
34. in Paragraph 13 (13) (e), the words "multiannual crop" shall be inserted after the words "sedato."
35. in Paragraph 13 (14) (c), the words "from 1 June" shall be replaced by the words "from the date of application of the Fund."
36. in Paragraph 13 (17) (c), "hectares" is replaced by "hectares."
37. in Articles 13 (17) (c) and (d), 13 (19) (c) and (d) and 13 (20) (c) and (d), "(i)" is replaced by "(h)."
38. in Articles 13 (17) (c) and (d), 13 (19) (c) and (d) and 13 (20) (c) and (d), the words "except for the areas referred to in Article 12 (4) (h)" shall be deleted;
39. in Paragraph 14 (1) (a), the words "1 February of the year" shall be deleted;
40. In Paragraph 14 (1) (b), at the end of the introductory part of the provisions, the words "non-harvesting or grazing of the crop from 1 February to 15 August of the year of application," shall be added; and "
41. in Article 14 (2) and (3), the words "and crops are not harvested or grazing during this period" shall be deleted;
42.In Paragraph 14 (3), the first sentence is deleted.
43. In Article 14 (5), the words "or paragraph 4 or the part of a land block with a surface area defined in the land use register as the area of the presence of valuable habitats of the grassland, with the exception of areas suitable for applying for the general care title for extensive meadows and pastures under the Government's agri-environment-climate measures' are deleted.
44. In Paragraph 14, the following paragraph 6 is inserted after paragraph 5:
"(6) The procedure referred to in paragraph 5 shall not apply where the applicant has not fulfilled the condition referred to in paragraph 1 (a) on part or part of the soil block as a result of the loss of use of land with agricultural eel crops in the land use register after 15 August of the year of application, provided that such area does not exceed 25% of the area of the green eel. ';
Paragraphs 6 to 8 shall be renumbered paragraphs 7 to 9.
45. in Article 15 (4), "5 or 6" is replaced by "6 or 7."
46. in Articles 16 (1) (a), 16 (2) (a), 17 (1) (a), 17 (2) (a), 19 (1) (a), 19 (2) (a) and 21 (1) (a), "31 October" shall be replaced by "30 September."
47. in Articles 18 (1) (a), 20 (1) (a) and 22 (1) (a), the words "31 August" are replaced by "30 September."
48. in Article 21 (2) (c):
"(c) shall not carry out washing before 3 years after planting or last washing.";
49. in Article 22 (1) (a), the words "the agricultural culture of the nursery registered to the applicant from at least the date of submission of the application to the Fund by 31 August of the year of application," shall be inserted after the words "the application year,"
50. in Article 23 (1) (b) (2):
"2.5% represented by the nectarodary or green eel referred to in Article 14 or by the non-production area referred to in Article 2 (2) (a) or (e) to (q) of the Government Regulation governing the rules on cross-compliance of payments to farmers, and '.
51. in Article 23 (1) (b) (2):
"2.8% represented by the nectarodary or green eel referred to in § 14 or by the non-production area referred to in § 2 (2) (a) or (e) to (q) of the government regulation on cross-compliance rules for payments to farmers, with a minimum of 3% being the nectarodal or green eel referred to in § 14 or the non-production area referred to in § 2 (2) (a) or (e) to (o) of the government regulation on cross-compliance rules for payments to farmers; and ';
52. in Paragraph 23 (1) (b) (2), "8%" is replaced by "9%."
53. In Article 23, the following paragraph 6 is added:
"(6) The condition referred to in paragraph 1 (b) shall be deemed to be fulfilled even if the condition referred to in Article 14 (1) (a) has not been fulfilled by the applicant:
(a) after 15 August of the year of application; or
(b) on the part of the soil block or part thereof resulting from the loss of use of the land with the agricultural eel culture in the land use register after 15 August of the year of application, provided that such area does not exceed 25% of the area of the green eel. "
54. in Paragraph 24 (1) (b), "2 crops" is replaced by "3 crops";
55. In Article 24, the following paragraph 9 is added:
"(9) The area of agricultural crop referred to in paragraph 1 (b) from which the applicant is required to allocate a specified percentage of non-production areas shall not include the area of agricultural land which the applicant has included in the sub-measure of grubbing-up of arable land under the agri-environment-climate regulation. ';
56. The following Section 24a is inserted after Section 24:
Conditions for granting an eco-payment to promote sustainable nutrient management
(1) The Fund shall provide the applicant with an eco-payment in support of the sustainable management of nutrients for an area of at least 1 hectare of agricultural land registered on the applicant's land use register as a type of agricultural crop arable land, provided that the applicant:
(a) it has complied with the conditions laid down for each type of agricultural crop under Sections 12 to 22;
(b) for the marketing year ending in the year of application, ensure on average 1 hectare of the total area of arable land managed by the applicant at the date of application for the supply of phosphorus in the quantity corresponding to the collection of phosphorus in the products harvested in the calendar year preceding the year of application, according to the results of the soil analyses on the content of accessible phosphorus, on the basis of the calculation provided for in Annex 20 to this Regulation;
(c) to farm arable land for which the average coefficient for determining the need for the supply of phosphorus referred to in Annex 20 to this Regulation has reached at least 0,3;
(d) during the marketing year ending in the year of application, ensure that the resulting average nitrogen balance on arable land managed by the applicant at the date of application does not exceed 60 kg N / ha arable land; and
(e) by 30 November of the year the application was submitted to the Fund for the implementation of the on-the-spot check in the event that it was carried out, to process the phosphorus balance and nitrogen balance referred to in Annex 20 to this Regulation.
(2) The Fund shall reduce the applicant's eco-payment to promote sustainable nutrient management by 3%, unless the applicant has fulfilled the condition laid down in paragraph 1 (a) and the sum of the individual reductions of the basic pan-phasic eco-payment is at least 25%.
(3) The Fund will reduce the applicant's eco-payment to promote sustainable nutrient management by 50% if the applicant has not complied with the condition laid down in paragraph 1 (b) and has delivered on average less phosphorus than the phosphorus supply requirement laid down in Annex 20 to this Regulation, at a rate of no more than 2 kg P / ha of arable land.
(4) The Fund shall not grant the applicant an eco-payment to promote sustainable nutrient management unless the applicant has fulfilled the condition under:
(a) Article 13 (5) and the area for which the condition has not been met shall be more than 50% of the area of land determined in accordance with Article 13 (5) and (7);
(b) paragraph 1 (b) and delivered on average less phosphorus than the need for the supply of phosphorus set out in Annex 20 to this Regulation, at a rate of non-compliance of more than 2 kg P / ha of arable land;
(c) paragraph 1 (b) and delivered on average more phosphorus than the need for the supply of phosphorus set out in Annex 20 to this Regulation, with an excess of more than 10 kg P / ha of arable land;
(d) paragraph 1 (c);
(e) paragraph 1 (d); or
(f) paragraph 1 (e). ';
57. in Article 26 (1) (c) and Article 26 (2), "24 months" is replaced by "5 years."
58. in Articles 30 (5) (a) and 31 (5) (a), the words "or an inventory of accounting and tax documents" shall be inserted after the words "documents."
59.In Paragraph 32 (5) (d), the word "a 'is deleted.
60. In Article 32, at the end of paragraph 5, the dot is replaced by "a 'and the following point (f) is added:
"(f) which, in the case of a vegetable species, complies with paragraph 2 (b). (j) the minimum yield requirements for own production during the period 1 January to 31 December of the year of application referred to in Annex 17 to this Regulation."
61. In Paragraph 32, the following paragraph 6 is inserted after paragraph 5:
"(6) The applicant for aid for the production of very high-working vegetable species shall demonstrate the minimum yield of its own production per hectare of area at the level of the reference value set out in Annex 17 to this Regulation. To that end, no later than 31 January of the following calendar year of the Fund, the volume of own production, broken down by crop of vegetable species referred to in paragraph 2, shall be supported by the accounting and tax documents or an inventory of accounting and tax documents for the period from 1 January to 31 December of the year of the application for the sale of own production made. ';
Paragraph 6 shall become paragraph 7.
62.Paragraph 33 (6) reads as follows:
"(6) The applicant for aid for the production of high-performance vegetable species shall demonstrate the minimum yield of its own production per hectare of area at the level of the reference value set out in Annex 17 to this Regulation. To that end, no later than 31 January of the following calendar year of the Fund, the volume of own production, broken down by crop of vegetable species referred to in paragraph 2, shall be supported by the accounting and tax documents or an inventory of accounting and tax documents for the period from 1 January to 31 December of the year of the application for the sale of own production made. ';
63. in Article 35 (3) (f), the word "a" is replaced by a comma and the following points (g) to (k) are inserted after point (f):
"(g) scorpion,
(h) višenec,
(i) sows,
(j) chamber rooms,
(k) vetches and. "
Point (g) shall be renumbered as point (l).
64. in Article 35 (3) (l), the text "(f)" is replaced by "(k)."
65. Paragraph 36 (6) is deleted.
66.Paragraph 37 (4) reads as follows:
"(4) The Fund shall grant aid for cow rearing in the milk system if the total number of cows rearing in the milk system that is the subject of the application is:
(a) not less than 2 pieces and not more than 10 pieces; or
(b) more than 10 animals kept by the applicant, the holding of which was involved on 31 March of the relevant calendar year in at least one of the quality schemes for the aid for cow rearing kept under the market-producing system referred to in Annex 21 to this Regulation. "
67. Annexes 5 and 6 shall read as follows:
"Annex No 5
Crop species to supplement grass mixture on strips along water
| 1. | čičorka |
| 2. | jestřabina |
| 3. | jetel plazivý |
| 4. | kmín |
| 5. | štírovník |
| 6. | tolice dětelová |
| 7. | úročník |
| 8. | vičenec |
| 9. | vikev |
Příloha č. 6
Annex No 6
Crop species for nectarine eel mixture
| 1. | aksamitník |
| 2. | bér vlašský |
| 3. | hořčice |
| 4. | kapusta krmná |
| 5. | kmín |
| 6. | kopr |
| 7. | koriandr |
| 8. | krambe |
| 9. | laskavec |
| 10. | len |
| 11. | lesknice kanárská |
| 12. | lnička |
| 13. | mastňák |
| 14. | mrkev |
| 15. | oves hřebílkatý |
| 16. | pastinák |
| 17. | pískavice |
| 18. | pohanka |
| 19. | proso seté |
| 20. | ptačí noha |
| 21. | ředkev |
| 22. | řepice |
| 23. | řeřicha |
| 24. | sléz |
| 25. | slunečnice (s výjimkou slunečnice hlíznaté) |
| 26. | svazenka |
| 27. | světlice |
| 28. | šalvěj hispánská |
| 29. | šťovík |
| 30. | trávy čeledi lipnicovité a jejich směsi |
| 31. | vodnice |
| 32. | žito trsnaté (lesní) |
68. In Annex 12, in the line with the non-production area "intermediate crops, including intermediate crops, according to the characteristics of the intercrop cultivation under the regulation of the Government governing agri-environmental climate measures', the number" 0,3 'is replaced by "1'.
69. In Annex No 12, in the line with the non-production area "intermediate crops including intermediate crops, according to the characteristics of the intercrop cultivation under the Decree of the Government on agri-environmental climate measures', the number" 1 'is replaced by "0,3'.
70.
"Annex No 17
Minimum yield of own production for high and very high working vegetable species
| Zeleninový druh | Minimální výnos t/ha | Minimální výnos ks/ha |
|---|---|---|
| hrách zahradní | 0,90 | - |
| kukuřice cukrová | 1,3 | 4 333 |
| ředkev | 1,43 | - |
71. the following Annexes 20 and 21 are added:
"Annex No 20
Procedure for calculating the phosphorus and nitrogen balance on arable land
Table 1 Basic data
| Obchodní závod | |
| Rok podání žádosti | |
| Hospodářský rok |
Table 2 Arable soils measurement (1) at the date of application
| Obhospodařovaná plocha | ha |
|---|---|
| Orná půda (zemědělské kultury standardní orná půda, travní porost a úhor) |
Table 3 Calculation of phosphorus output (1) in the calendar year preceding the application year and nitrogen output (1) in the calendar year of application
| Rok | ||
| Položka | t P | t N |
| Sklizené hlavní produkty2) | ||
| Sklizené vedlejší produkty2) | ||
| Výstupy celkem |
Table 4 Calculation of the average coefficient for determining the need to deliver phosphorus
| Obsah přístupného fosforu v půdě3) | Výměra orné půdy k datu podání žádosti | Koeficient |
|---|---|---|
| Nízký | 1,50 | |
| Vyhovující | 1,00 | |
| Dobrý | 0,50 | |
| Vysoký | 0,00 | |
| Velmi vysoký | 0,00 | |
| Nezjištěný | 1,00 | |
| Výměra celkem a průměrný koeficient (vážený průměr) |
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Regulation Information
| Citation | Government Regulation No. 68 / 2024 Coll., amending Government Regulation No. 83 / 2023 Coll., laying down the conditions for granting direct payments to farmers, and Government Decree No. 307 / 2014 Coll., establishing details of land use records according to user relations, as amended |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.03.2024 |
|---|---|
| Effective from | 01.04.2024 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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