Government Decree No. 72 / 2023 Coll.
Government regulation on the conditions for implementing forestry-environmental payment measures
Valid
Effective from 01.04.2023
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72
GOVERNMENT REGULATION
of 15 March 2023
laying down the conditions for implementing forestry-environmental payment measures
The Government mandates 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., 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 No. 441 / 2005 Coll., Act No. 291 / 2009 Coll. and Act No. 179 / 2014 Coll.:
Subject matter
This Regulation regulates the conditions for the implementation of forestry-environmental payment measures in the Czech Republic following directly applicable European Union1) and in accordance with the European Union's Common Agricultural Policy Strategy Plan.
Forest-environmental payment measures
(1) The forestry-environmental payment measure consists of the following aspects:
(a) maintenance of the crop type of the economic population;
(b) the protection and reproduction of the gene pool of forest trees;
(c) the conservation of habitat trees; and
(d) leaving trees to cover.
(2) For the purposes of this Regulation, a Habitat Tree means a viable tree, with the exception of all species of spruce and tisolist species, registered in the register of spatial forest division units of a minimum thickness of 40 cm and with at least one tree microhabitat on the tree trunk; the tree microstation is:
(a) a cavity or a strain injury with a longer dimension of more than 10 cm, situated at a height of 3 m of the strain; in the case of injuries, the bast, white or exposed core wood must be exposed and the wound must not be fresh;
(b) the split of a strain up to 1.3 m in height, where at least one of the strains has the required enumeration thickness and one of them is dry or has an exiled, open or unrolled cavity; or
(c) fruit plants of permanent hat-shaped woody mushrooms with a minimum diameter of 5 cm situated at a height of 3 m of the strain.
(3) For the purposes of this Regulation, a tree left for masonry shall be understood as a tree stem without restriction of a species of forest wood with a thickness of at least 30 cm at a stronger end of the strain, at a continuous length of at least 15 metres.
Application for inclusion in the sub-measure
(1) An application for inclusion in one or more sub-measures covered by the forestry-environmental payment measure (hereinafter referred to as "the application for inclusion") shall be submitted for a period of five years for the implementation of multiannual conditions. This period shall begin on 1 January.
(2) The owner, tenant, lender or smuggler of the forest or land or association of tenants, borrowers or smugglers of the forest or land which undertake to carry out at least one of the multiannual conditions referred to in paragraph 1 ("the applicant ') may be included in the sub-measure of the forestry-environmental payment measure,
(a) pending the conservation of the grassland type of the economic group or the reproduction of the forest tree gene pool on the area of the grassland group kept in the register of spatial forest division units to the applicant;
(b) until the impact of the conservation of the Habitat trees on a circular surface around a Habitat tree with a radius of 20 m, with a centre in the centre of the tree within a growing group kept in the records of the spatial distribution units of the forest to the applicant; or
(c) until such time as trees are left for sawing on a circular surface around a tree left for sawing at a radius of 20 m, with a centre at a stronger end of the tree trunk within a growing group held in the register of spatial forest division units to the applicant.
(3) An application for inclusion may be submitted by the applicant to the State Agricultural Intervention Fund (hereinafter referred to as the Fund) by 15 May of the first year of implementation of the multiannual terms and conditions, but not later than together with the submission of an application for grant.
(4) The application for inclusion shall include:
(a) geospatial information on the areas included in the crop groups;
(b) geospatial information on the assigned circular areas around the habitat trees;
(c) an attestation by an expert forestry operator of the facts referred to in Section 4 (hereinafter referred to as the "certification by an expert forestry operator"); and
(d) geospatial information on the assigned circular areas around the trees left for fencing.
(5) The Fund will decide to include the applicant in the sub-measure covered by the forestry-environmental payment measure if the conditions laid down in this Regulation are met.
(6) During the period from the date of application for inclusion until the date of inclusion of the applicant in the sub-measure falling under the forestry-environmental payment measure referred to in paragraph 5, the area of the classified crop group or the surrounding area of the habitat tree or tree left for felling may not be changed in the application for inclusion.
(7) The application for inclusion in the sub-measure of the conservation of habitat trees may not be lodged until 2024.
(8) An application for inclusion in the sub-measure of the retention of trees may not be lodged until 2026.
Modification of the crop group at inclusion
(1) The applicant may change the layout of the boundaries of the grassroots groups only because they are more precise in view of the actual operation of those frontiers in the field.
(2) If the area of the classified crop group differs from that of the crop group in the plan or outline
(a) by a maximum of 15%, the applicant shall take into account this change when classifying the crop group; or
(b) by more than 15% and less than 100%, the applicant shall take into account this change in the classification of the crop group, with the confirmation of the forest operator who further confirms that it is the whole crop group.
(3) If the area of the assigned crop group differs from that of the crop group in the plan or outline by 100%, the fund shall not place the crop group.
(4) If the assigned crop group is situated at least 95% of the area within the crop group of a plan or outline, which is extended by a belt surrounding that crop group (hereinafter referred to as "the belt '), in a width of 20 m, the Fund shall include such crop group. If the crop group does not comply with this condition of positioning accuracy and at least 95% of the area within the crop group of a plan or outline increased by a belt width of 50 m, it may be classified only with the confirmation of a forest operator who further confirms that it is the whole crop group.
(5) An integrated crop group which is not located on at least 95% of the area within the crop group of a plan or outline, increased by a belt of 50 m wide, will not be included in the Fund.
(6) Where the assigned crop group fulfils the condition of positioning accuracy referred to in paragraph 4 and there is no penetration with the crop group of the plan or outline, that crop group may only be included with the confirmation of the forest manager who further confirms that it is the same crop group.
(7) There can be no overlay of one applicant's grassroots groups at inclusion. Where the area covered by the crop group interferes with the area covered by another applicant's crop group, the crop group may be included; The Fund shall not grant the grant to the overlay area. In the case of overlay of a grassland group with the soil block work in the land use register according to user relations, the grassland group may be included; The Fund shall not grant the grant to the overlay area.
Conditions for inclusion in the sub-measure of conservation of the agricultural type of economic population
(1) An applicant may submit only one application per year for inclusion in the sub-measure of conservation of the agricultural type of the economic population.
(2) The conservation of the agricultural type of the economic file may be covered by the entire crop group (2) on the territory of the Czech Republic, which at least 50% of its area is situated in the territory of Natura 20003) or in a specially protected area (3) and which is not covered by the title of conservation of the economic file pursuant to Government Regulation No 147 / 2008 Coll., on the setting of conditions for granting subsidies on the conservation of the forestry and climate services and on the protection of forests and on the amendment of certain related regulations of the Government, as amended.
(3) An applicant who is a State contribution organisation, an organisational body of a State or a State undertaking may not be included in the consideration of the conservation of the crop type of the economic population.
(4) A crop group with at least one ethas2 may be included in the sub-measure of conservation of the crop type of the economic population and fulfils the following conditions:
(a) belong to one of the supported crop types of the economic file (4) set out in the Annex to this Regulation; and
(b) reaches the age of at least the beginning of the recovery period, which shall be calculated as the difference between the period of recovery and half of the recovery period (4); in the case where the approval period referred to in the plan or the syllabus is higher than the upper limit of the approval period referred to for the relevant crop type in the Annex to this Regulation, the upper limit of the approval period for the relevant crop type as set out in the Annex to this Regulation shall be used to assess compliance with this condition (hereinafter referred to as the "second reading ').
(5) In the case of a multi-ethic crop group, the average value of the census must be 5) of the selected ethate or the sum of the census values of the selected ethials shall be at least 5 on the whole area of the crop group.
(6) The applicant shall have a valid plan or outline for the growing group which it intends to include in the assessment of the conservation of the grassland type of the economic ensemble, stored in digital form in the Institute for the Economic Treatment of Forests (hereinafter referred to as the "data warehouse '). If in the first year of validity of the plan or outline, the applicant does not have a valid plan or outline in the data warehouse, the group may be classified on the basis of the dates of the previous plan or outline.
(7) The applicant shall clearly indicate in the field the boundaries of the grassland group which are not otherwise identifiable.
Conditions for inclusion in the sub-scheme for the protection and reproduction of the gene pool of forest trees
(1) The applicant may submit only one application per year for inclusion in the sub-scheme for the protection and reproduction of the gene pool of forest trees. The largest total area allocated per applicant is 1 000 ha for all applications submitted for inclusion under this sub-measure for the entire programming period.
(2) The protection and reproduction of the gene pool of forest trees can be included in the sub-measure 2) on forest land (2) in the territory of the Czech Republic, which is recognised as a source of selected reproductive material and which does not apply to the sub-measure of the protection and reproduction of the gene pool of forest trees pursuant to Government Decree No. 29 / 2016 Coll., as amended, of crops
(a) phenotypic class A for all forest trees listed in Annex 2 to Decree No 393 / 2013 Coll., on lists of forest species; or
(b) phenotypic class B for all forest trees listed in Annex 2 to Decree No. 393 / 2013 Coll., except for spruce, pine trees and redfish.
(3) The growing group which is the subject of the application for inclusion must be included in the National Programme for the Protection and Reproduction of the Genomormal Fund of Forestry (6) or the applicant has submitted an application for inclusion in the National Programme for the Protection and Reproduction of the Genomorial Fund of Forestry (6) and is kept in the central register of forest reproductive material (7).
(4) The applicant shall have a valid plan or outline for a growing group which it intends to include in the subcase the protection and reproduction of the forest forest gene pool stored in digital form in a data warehouse. If in the first year of validity of the plan or outline, the applicant does not have a valid plan or outline in the data warehouse, the group may be classified on the basis of the dates of the previous plan or outline.
(5) The applicant must clearly indicate in the field the boundaries of the growing group which are not otherwise identifiable.
Conditions for inclusion in the sub-measure of the conservation of habitat trees
(1) An applicant may submit only one application per year for inclusion in the conservation sub-measure of habitat trees. The minimum number of assigned round areas in the vicinity of habitat trees per applicant shall be 10 per application and the maximum number shall be 1 000 per application for all applications submitted for inclusion under this sub-scheme for the entire programming period.
(2) An applicant, which is a state contribution organisation, an organisational component of a State or a state undertaking, cannot be included in the sub-measure of the conservation of the habitat trees.
(3) In the aftermath of the conservation of habitat trees, circular areas surrounding habitat trees may be included in the territory of the Czech Republic as defined outside Natura 20003) or in a specially protected area (3) in the register of spatial forest distribution units.
(4) On the area of the grassland group, circular areas around the habitat trees may not be included if the crop group or the crop area is included
(a) pending the conservation of the grassland type of the economic group, the protection and reproduction of the forest tree gene fund or the conservation of trees for the purposes of conservation;
(b) pending the conservation of the soil type of the economic group and the protection and reproduction of the gene pool of forest trees under Government Decree No. 29 / 2016 Coll., as amended,
(c) in the title of maintenance of the economic file pursuant to Government Decree No. 147 / 2008 Coll., as amended; or
(d) in order to improve the species composition in accordance with Government Decree No. 53 / 2009 Coll., laying down the conditions for granting subsidies on forestry measures, as amended.
(5) The applicant shall have a valid plan or outline for a grassland group in which he intends to include round areas around the habitat trees in the sub-measure of the conservation of the habitat trees, stored in digital form in a data warehouse. If in the first year of validity of the plan or outline, the applicant does not have a valid plan or outline in the data warehouse, the circle may be classified on the basis of the dates of the previous plan or outline.
(6) The habitat tree must be at least 20 m from the border of the grassland groups registered on the applicant and at least 40 m from another habitat tree.
(7) In the field, the applicant shall colour the Habitat Tree with a wave, except in yellow, 5 cm wide at 130 cm of the strain. The designation of the Habitat Tree size of at least 15 cm shall be indicated by the applicant above the wave.
(8) The applicant shall indicate the position of the Habitat Tree through the geolocation tool in the register of spatial forest distribution units.
Conditions for inclusion in the sub-measure of the leaving of trees for felling
(1) An applicant may submit only one application per year for inclusion in the sub-measure of leaving trees for felling. The minimum number of listed round areas around trees left to be capped per applicant shall be 10 per application and the maximum number shall be 200 per application for all applications submitted for inclusion under this sub-measure for the entire programming period.
(2) An applicant who is a State contribution organisation, an organisational component of a State or a state undertaking may not be included in the submeasure of leaving trees for treing.
(3) In the aftermath of the retention of trees for felling, circular areas in the surrounding areas of trees left for felling on forest land (2) may be included in the territory of the Czech Republic, defined outside the territory of Natura 20003) or specially protected territories (3) in the register of spatial distribution units of forests.
(4) The area of the grassland group shall not include circular areas around the trees left for masonry in the case of a given crop group or round area being included in:
(a) the consideration of conservation of the grassland type of the economic group, the protection and reproduction of the forest tree gene fund or the conservation of habitat trees;
(b) the consideration of conservation of the crop type of economic ensemble and the protection and reproduction of the gene pool of forest trees pursuant to Government Regulation No 29 / 2016 Coll., as amended,
(c) the title of the maintenance of the economic file pursuant to Government Decree No. 147 / 2008 Coll., as amended; or
(d) title of improvement of the species composition according to Government Decree No. 53 / 2009 Coll., as amended.
(5) The applicant shall have a valid plan or outline for a growing group in which it intends to include circular areas around trees left for laying in the aftermath of leaving trees for felling, stored in digital form in a data warehouse. If in the first year of validity of the plan or outline, the applicant does not have a valid plan or outline in the data warehouse, the circle may be classified on the basis of the dates of the previous plan or outline.
(6) The centre of the circular area of the tree left to be rendered shall be at least 20 m from the border of the grassland groups registered to the applicant and at least 40 m from the other centre of the circular area of the tree left to be rendered.
(7) The applicant in the field shall colour-mark the tree left to cover with a wave, except in yellow, 5 cm wide in a clearly visible place. Above the bellows, the applicant shall indicate the selected designation of the tree left to the mark size of at least 15 cm.
(8) The applicant shall indicate the location of the centre of the circular area of the tree left to the surface by means of the geolocation tool in the register of spatial forest distribution units.
Application for subsidy
(1) Applications for grants for the calendar year in question may be submitted by the applicant each year for the period during which the multiannual conditions of the Fund are fulfilled, not later than 15 May of the calendar year for which the grant is to be granted.
(2) At the same time as the application for a subsidy referred to in paragraph 1 is submitted, the applicant shall submit to the Fund, using the single application form, information on all areas it has managed.
(3) The applicant who has submitted an application for inclusion in the assessment of the conservation of the agricultural type of the economic population shall also indicate in the application for the grant:
(a) identification (2) of the selected ethnicity;
(b) geospatial information defining the area of the crop group referred to in the application for inclusion for which it requests the grant;
(c) data from the plan or outline; and
(d) in the case of renewal, an indication of the renewal carried out.
(4) The applicant who has submitted an application for inclusion in the sub-measure of the protection and reproduction of the gene pool of forest trees shall also indicate in the application for subsidy:
(a) identification (2) of a listed crop group which fulfils the conditions set out in Article 6 (2);
(b) geospatial information defining the area of the crop group referred to in the application for inclusion for which it requests the grant; and
(c) data from the plan or outline.
(5) The applicant who has submitted an application for inclusion in the assessment of the conservation of habitat trees shall also indicate in the application for subsidy:
(a) identification of the round areas around the habitat trees;
(b) geospatial information defining the location of the centre of the circular area around the habitat trees indicated in the application for classification for which the grant is requested;
(c) data from the plan or outline; and
(d) in the case of renewal, an indication of the renewal carried out.
(6) The applicant who has submitted an application for inclusion in the sub-measure of the retention of trees to be declared shall also indicate:
(a) the identification of the circular areas around the trees left for felling;
(b) geospatial information which defines the location of the centre of the circular area around the trees left to cover referred to in the application for classification for which the grant is requested; and
(c) data from the plan or outline.
Conditions for granting the subsidy
(1) The fund will provide subsidies for forestry-environmental payment measures if:
(a) the applicant is included in the sub-measure under the forestry environmental payment measure, and that sub-measure includes also a crop group or a circular area around the habitat trees or trees left for conservation listed in the application for inclusion;
(b) it has not identified a breach of the condition of sub-measure under the forestry-environmental payment measure in the relevant calendar year resulting in a reduction, non-grant or reimbursement;
(c) in the calendar year for which the subsidy is to be granted, the applicant complies with the cross-compliance rules set out in the Government Regulation governing cross-compliance rules for payments to farmers, which are also applicable to the crop groups included in the measure under Government Regulation No 29 / 2016 Coll., as amended, classified under Government Regulation No 53 / 2009 Coll., as amended, or under Government Regulation No 147 / 2008 Coll., as amended, or classified under the sub-measure of forestry environmental payment; and
(d) the applicant shall have, throughout the period of the implementation of the multiannual conditions, a plan or outline for the included crop group or the group on which the included crop area is located, stored in digital form in a data warehouse.
(2) A subsidy to cover the conservation of the agricultural type of economic population shall be granted by the Fund if:
(a) in the selected rotation of the crop group, or in the context of the possible renewal of the selected rotation of the crop group, the classification of the crop type of the economic group shall be maintained throughout the period during which the multiannual conditions are fulfilled; the grant shall also be granted if there is a change in accordance with Article 12 (9) or a change in plan or outline to a change in the size type of the pool code 8 to another supported agricultural type of the economic file;
(b) in the case of the renewal of the selected ethic in the growing group, the representation of the main trees characteristic of the crop type shall be respected at least 50%, or the shape of the forest in the low forest (4) at the latest at the time when the subsequent crop is secured (8); where the main wood material is represented or the total of the main wood material as referred to in the Annex to this Regulation is at least 50%, it shall be the predominant representation;
(c) in the case of the renewal of the selected ethic in the growing group, by 31 October at the latest of the last year of implementation of the multiannual conditions in the renewed ectation, the representation of the main trees characteristic of the grassland type of at least 50% or the forest shape of the low forest (4) as set out in the Annex to this Regulation shall be respected;
(d) in the case of a multi-ethic crop group, the average census value (5) of the selected ethime or the sum of the census values of the selected ethials is at least 5 on the whole area of the growing group; This does not apply if a renewal is carried out in the chosen ectation; and
(e) in the field, the boundaries of the crop groups, if not identifiable, shall be visibly marked throughout the period of fulfilment of the multiannual conditions referred to in Article 3 (1).
(3) The main trees characteristic of the crop types are set out in the Annex to this Regulation. When checking, the main trees characteristic of the crop types of economic files shall be taken into account only in the case of restocking.
(4) A subsidy to cover the protection and reproduction of the gene pool of forest trees shall be granted by the Fund if the applicant:
(a) at least once during the period of multiannual conditions, the collection of reproductive material by sound technology shall be considered to be the collection of reproductive material from standing trees using a non-damaging process and seed material;
(b) notify the collection of reproductive material carried out under (a) by the authorised person (9) at least 15 days before the collection of the reproductive material; the exact date of collection shall be notified by the applicant to the person in charge at least 2 working days in advance,
(c) it has, or has applied for, the inclusion of the crop group included in the National Programme for the Protection and Reproduction of the GeneFund of Forestry 6 throughout the period of implementation of the multiannual conditions;
(d) it has, throughout the period of implementation of the multiannual conditions, the relevant crop group kept in the central register of forest reproductive material (7); and
(e) the boundaries of the crop groups, unless otherwise identifiable, are visibly marked in the field throughout the period of the multiannual conditions referred to in Article 3 (1).
(5) The Fund will grant a subsidy to cover the conservation of habitat trees if:
(a) there is a Habitat Tree on a given circular area in accordance with Article 2 (2);
(b) the applicant shall not, throughout the period of the fulfilment of the multiannual conditions, carry out intentional extraction on a circular surface around a habitat tree of 20 m radius; where sanitation has been carried out to prevent forest pests from spreading, the applicant shall keep at least 4 other trees with a minimum calorific thickness of at least 30 cm; and
(c) the applicant shall clearly identify the habitat trees in the field as indicated in Section 7 (7).
(6) The Fund will grant a subsidy to cover the conservation of trees if:
(a) there is a tree left on a given circular surface to cover in accordance with Article 2 (3); and
(b) the applicant shall visibly mark the trees left in the field to the surface as indicated in Section 7a (7).
(7) The Fund will not grant subsidies to forestry-environmental payment measures for a growing group located in the territory of the capital city of Prague.
Grant rate
(1) The subsidy rate is:
(a) EUR 195 / 1 ha of crop group included in the sub-measure of conservation of the crop type of the economic group;
(b) EUR 71 / 1 ha of crop groups included in the sub-measure for the protection and reproduction of the gene pool of forest trees;
(c) EUR 143 / 1 ha of round area included in the conservation of habitat trees; and
(d) EUR 200 / 1 ha of round area classified as a result of leaving trees to cover.
(2) The amount of the sub-measure subsidy falling under the forestry-environmental payment measure shall be calculated by the Fund as the product of the area of the crop group or of the round area for which the subsidy is granted under the relevant sub-measure and the rates established under paragraph 1.
(3) The Fund will grant a subsidy in the currency of the Czech Republic; the subsidy rate referred to in paragraph 1 shall be converted at the rate of exchange published in the Official Journal of the European Union on 31 December of the year preceding the year for which the subsidy is granted. If the exchange rate is not fixed at that date, the nearest preceding shall apply.
Area change
(1) If, during the implementation of the multiannual conditions, the applicant intends to include a new crop group in the consideration of the conservation of the crop type of the economic group or of the conservation and reproduction of the gene pool of forest trees, it shall submit a new application to that crop group for inclusion in the new implementation of the multiannual conditions. The implementation of the conditions shall be assessed separately for the new crop group included in the new multi-annual conditions.
(2) Where the applicant demonstrates that during the implementation of the multiannual conditions referred to in Article 3 (1) there has been a reduction in the area of the grassland group included in the sub-measure of conservation of the crop type of the economic group or of the conservation and reproduction of the gene pool of forests on the basis of:
(a) restitution or property settlement with churches and religious societies 10),
(b) the implementation of land modification (11);
(c) establishment of a public utility building 12),
(d) the restoration of the cadastral operator (13), unless it has been carried out on the basis of the results of the land modification; or
(e) amendments to the definition of Natura 20003 or specially protected territories (3);
The Fund shall grant a subsidy corresponding to the reduced area of the crop group; the Fund has already been implemented in the year in which the area has been reduced.
(3) Where, during the implementation of the multiannual conditions referred to in Article 3 (1), the applicant is subject to a change in the area of the crop group included in the consideration of the conservation of the crop type of the economic group or of the conservation and reproduction of the gene pool of forest trees on the basis of factors other than those referred to in paragraph 2, the Fund shall grant a subsidy to the affected area and, in the event of a reduction in the area, decide on a refund of the subsidy granted to the area for which the original area has been reduced.
(4) If, during the implementation of the multiannual conditions referred to in Article 3 (1), the applicant has changed the area of the crop group included in the conservation of the crop type of the economic group or the conservation and reproduction of the gene pool of forest trees as compared to the plan or programme in force at the time of the first inclusion of the 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 less than 100%, and the applicant of the Fund shall submit a certified forest operator as referred to in paragraph 9, 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 of the area, decide to refund the area to which the initial area has been reduced; or
(c) 100%, the Fund shall decide to exclude the crop group from the conservation of the crop type of the economic group or from the conservation and reproduction of the forest crop gene fund and shall decide to refund the subsidy granted to the area covered by the entire crop group for which the condition has been violated.
(5) Where, during the implementation of the multiannual conditions referred to in Article 3 (1), the applicant has changed the area of the crop group included in the consideration of the conservation of the crop type of the economic group or of the conservation and reproduction of the gene pool of forest trees against the plan or syllabus in force at the time of the first inclusion of the crop group in such a way that:
(a) the crop group is situated at least 95% of the area within the crop group of a plan or outline, increased by a belt width of 20 m, 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;
(b) the crop group does not meet the condition of positional accuracy referred to in point (a), but is situated at least 95% of the area within the crop group of a plan or outline, increased by a belt of 50 m and the applicant of the Fund shall submit a certificate of the forest operator referred to in paragraph 9, the Fund shall grant a subsidy to the applicant on the basis of an application for a subsidy in which the applicant indicates the modified area; or
(c) the crop group is not situated on at least 95% of the area within the crop group of a plan or outline increased by a belt of 50 m, the fund decides to exclude the crop group from the sub-measure of conservation of the crop type of the economic group or the sub-measure of protection and reproduction of the gene fund of forest trees and decides to refund the subsidy granted to the area of the whole listed crop group for which the condition has been violated.
(6) Where, during the implementation of the multiannual conditions referred to in Article 3 (1), the applicant is subject to a change in the area of the crop group included in the consideration of the conservation of the crop type of the economic group or of the conservation and reproduction of the gene pool of forest trees in such a way that the included crop group fulfils the conditions of paragraph 5 (a) or (b) and does not penetrate 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 forestry operator referred to in paragraph 9.
(7) When the inclusion is changed, there can be no overlap between the grassland groups of one applicant. Where the area of the crop group, on 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 crop group; The Fund shall not grant the grant to the overlay area. In the case of overlay of the grassland group with the part of the soil block kept in the agricultural land use register according to user relations, an application for a change of classification may be submitted to the grassland group; The Fund shall not grant the grant to the overlay area.
(8) Where there has been a change in the area of the grassland group included in the conservation of the crop type of the economic group or in the conservation and reproduction of the gene pool of forest trees, the applicant shall submit to the Fund an application for a change in classification by the next 15 May.
(9) The applicant shall, with the application for a change of classification, provide evidence to the expert forest operator that the newly assigned changed area of the crop group complies with the conditions laid down in paragraph 4 (b), paragraph 5 (b) and paragraph 6, and that it is identical to the area of the whole crop group on the ground. The applicant shall provide a visible indication of the boundaries of the newly assigned area of the crop group in the field, unless otherwise identifiable. If the applicant fails to demonstrate a certified forest operator or if the on-the-spot check finds that the whole crop group has not been included, the fund shall exclude the crop group from the consideration of the conservation of the crop type of the economic group or the conservation and reproduction of the gene pool of forest trees and shall decide to refund the subsidy granted to the whole crop group.
(10) The Fund shall decide, on the basis of a request for a change to the classification submitted pursuant to paragraphs 2 and 3, to be included in the consideration of the conservation of the crop type of the economic group or the conservation and reproduction of the forest crop gene fund, taking into account the change of area. Where an applicant submits an application for a change to the classification in which it reduces the area referred to in paragraph 2 or 3, included in the consideration of the conservation of the crop type of the economic file, or of the conservation and reproduction of the gene pool of forest trees, the Fund shall decide on the exclusion of the applicant from the relevant sub-measure; any obligation to return the subsidy or part thereof is not affected.
(11) For the purposes of assessing the conservation of habitat trees and the conservation of trees, paragraphs 1 to 10 shall apply mutatis mutandis in the case of a change in the plot of crop groups.
(12) Where the area of the area classified for the conservation of habitat trees and for the conservation of trees exceeds the threshold of the grassland group of the same applicant and, in the absence of a crop group pursuant to Article 7 (4) or Article 7a (4), that area is eligible for the grant.
(13) If the conservation of the Habitat trees and the conservation of the leaves of the trees change the circular area so that the distance between the centre of the circular area and the centre of the assigned Habitat tree or tree left behind differs
(a) by not more than 50 m, the applicant shall take this change into account when classifying the Habitat Tree or the Tree left for felling; or
(b) by more than 50 m, the Habitat Tree Fund or the tree left to the ground shall be discarded.
(14) After inclusion of the circular area around the Habitat Tree or the tree left for felling, only the Fondo will be allowed to change the plot of the area by means of an on-the-spot check, the deviation of the centre of the circular area referred to in § 3 (2) (b) from the centre of the Habitat Tree or under § 3 (2) (c) from the centre of the circle of the tree left for felling may not exceed 5 m.
Changes in the classified crop group
(1) In the event of a change in the identification of the classified crop group, the applicant shall submit to the Fund, not later than the second year of validity of the new plan or outline, an application for a change of classification indicating both the original identification and the 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 for a change in classification, to change the classification of the sub-measure under the forestry-environmental payment measure taking into account the reported change in identification.
(2) 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 1, 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.
(3) If, on the basis of a change in the plan or outline, the crop groups with the same year of implementation of the multiannual conditions or the division of the crop group are merged or divided, the Fund shall decide, on the basis of a request for a change in classification, to change the classification in the sub-measure of forestry environmental payment and grant a subsidy to the area of the newly created crop group or the sum of the areas of the newly born crop groups identified from the new plan or outline referred to in paragraphs 1 and 2 and § 11 (2) to (10). If the Fund finds that no specified crop groups with the same year of compliance with the multiannual conditions have been merged or, in the case of a measure of conservation of the crop type of the economic group with the same crop type of the economic group, the Fund shall exclude the newly created crop group from the sub-measure of forestry payment and the applicant shall return the subsidy granted to the area of the whole crop group to which the condition has been infringed.
(4) If the listed crop groups are merged or the listed crop groups as referred to in paragraph 3 are divided, the area and spatial tolerances referred to in paragraphs 4 to 6 of Article 11 shall be assessed for territorial change as a whole. Territorial change shall always be assessed against the plan or schedule in force at the time of first inclusion in the forestry-environmental payment measure.
(5) The applicant shall submit to the Fund an application for a change to the classification referred to in Article 11 (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 (5) and of the non-compliance of the seed group
(a) constitute a belt of more than 3 m at the border of the crop group; or
(b) the spatial difference between the area classified by the crop group and the area found by the on-the-spot check shall be greater than 100 m2 for each sub-area.
(6) The Fund shall decide on the exclusion of the crop group from the conservation of the crop type of the economic group or from the conservation and reproduction of the forest tree gene fund and the reimbursement of the area subsidy of the crop group included if the applicant does not submit an application for a change of classification on the grounds referred to in paragraph 5 or take into account such non-compliance in any subsequent application for a change of classification, for the duration of the plan or outline.
(7) Where an applicant is required to submit an application for a change to the classification referred to in paragraphs 1 and 5, he shall only submit an application for a change to the classification referred to in paragraph 1.
(8) The applicant shall also take into account, in the application for a change to the classification referred to in paragraph 5, the reduction in the area of the crop group which occurred after an on-the-spot check has been carried out.
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Regulation Information
| Citation | Government Decree No. 72 / 2023 Coll., on the establishment of conditions for the implementation of forest-environmental payment measures |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.03.2023 |
|---|---|
| Effective from | 01.04.2023 |
| Effective until | - |
| Status | Valid |
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2 227 792 CZK
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The regulation text is for informational purposes only.
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