Government Regulation No. 73 / 2015 Coll.
Government Regulation on the conditions for granting payments in Natura 2000 areas on agricultural land
Valid
Regulation
Effective from 15.04.2015
73
GOVERNMENT REGULATION
of 30 March 2015
on the conditions for granting payments in Natura 2000 areas on agricultural land
The Government mandates pursuant to § 2c (5) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 128 / 2003 Coll., Act No. 85 / 2004 Coll., Act No. 291 / 2009 Coll. and Act No. 179 / 2014 Coll., and under § 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.:
Subject matter
This Regulation lays down detailed rules for the granting of payments in Natura 2000 areas on agricultural soils (hereinafter referred to as Natura 2000), following directly applicable European Union1.
Natura 2000 areas
Natura 2000 areas eligible for payment in Natura 2000 areas on agricultural land (hereinafter referred to as payment) shall be:
(a) bird areas2) situated on the territory of national parks or of the 1st protected landscape zone (3);
(b) European sites included in the National List (4) located on the territory of national parks or of the first protected landscape zone (3); or
(c) areas with other environmental constraints (5), which are the territories of national parks or of the 1st protected landscape zone (3), which are not located in the territory of the bird region or a European major site.
Applicant for payment
(1) The payment may be requested by a natural or legal person who farm in the Natura 2000 area under Section 2 at least 1 hectare of agricultural land with a type of agricultural culture of permanent grassland held on it in the land use register pursuant to § 3a et seq. of the Agricultural Act (hereinafter referred to as "land use register ').
(2) It may also apply for payment by the organisational body of the State under the law on the property of the Czech Republic and its presentation in legal relations, which fulfils the condition set out in paragraph 1.
(3) The person referred to in paragraph 1 or the organisational body of the State referred to in paragraph 2 (hereinafter referred to as "the applicant ') shall deliver to the State Agricultural Intervention Fund (hereinafter referred to as" the Fund') an application for payment by 15 May of the relevant calendar year, using the form issued by the Fund for the calendar year concerned under the single application (6).
Application for payment
(1) The application for payment ("the application") contains:
(a) the formalities laid down in Article 3 (2) of the Agriculture Act;
(b) the list of parts of the soil blocks for which the applicant requests payment, kept in the land use register, including the area of such parts of the soil blocks in the territory of the first protected landscape area and in the territory of the national park; if the part of the soil block is not located in the territory of the Natura 2000 area in accordance with § 2, the individual areas of the part of the soil block situated in the Natura 2000 area in accordance with § 2 shall be indicated in the application,
(c) a declaration by the applicant that it undertakes to comply with the cross-compliance rules set out in Annexes 1 to 4 to Government Regulation No 48 / 2017 Coll., laying down requirements under the acts and standards of good agricultural and environmental condition for the areas of cross-compliance and the consequences of infringements for the granting of certain agricultural aid, throughout the calendar year on all agricultural land managed by it; and
(d) a plot of the soil block parts referred to in (b) on the map of the soil block parts of the scale 1: 10 000 or more.
(2) The minimum area for which an application may be made is 1 hectare of agricultural land with a type of agricultural culture of permanent grassland in the Natura 2000 area as referred to in Article 2.
(3) If the application is received after the period referred to in Paragraph 3 (3), the payment shall be reduced or rejected under the conditions laid down in the directly applicable European Union Regulation.
(4) Any amendment to the application shall be notified by the applicant to the FUND by 31 May of the relevant calendar year, using the form issued by the FUND, in accordance with the conditions laid down directly applicable by the European Union15.
(5) The application referred to in paragraph 1 may not be submitted to the Fund for a period beginning in 2023 and thereafter.
Payment
(1) Payment is made by the Fund for the part of the soil block kept in the land use register located in Natura 2000 under Section 2 with a type of agricultural culture permanent grassland 8).
(2) The amount of the payment for the relevant calendar year shall be calculated as the product of the applicant's land block parts with a type of agricultural culture of permanent grassland in the Natura 2000 area in accordance with Article 2 and the rate referred to in paragraph 3.
(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 for the part of the soil block situated in the national park territory.
(4) The Fund provides payment in the currency of the Czech Republic; the payment rate referred to in paragraph 3 shall be converted at the exchange rate published in the last Official Journal of the European Union on 31 December of the calendar year preceding the year for which the payment is granted. If the exchange rate is not fixed at that date, the nearest previous exchange rate shall be used.
(5) If the part of the soil block is located only partially in the Natura 2000 area under Section 2, payment shall be made for that part of the soil block part.
(6) The minimum area for which payment may be granted is 1 hectare of agricultural land with a type of agricultural culture of permanent grassland in the Natura 2000 area as defined in Section 2.
Conditions for payment
Payment shall be made if the applicant:
(a) agricultural management in the Natura 2000 area, as provided for in Article 2, shall cover at least 1 hectare of agricultural land with a type of agricultural culture of permanent grassland eligible for application under Article 4 (2);
(b) in the calendar year for which payment is to be made;
1. complies with the cross-compliance rules set out in Annexes 1 to 4 to Government Regulation No 48 / 2017 Coll.,
2. complies with the full prohibition on the use of fertiliser (9), with the exception of livestock grazing, where the part of the soil block situated in the territory of the 1st protected landscape area is concerned; and
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,
(c) the land block parts for which the payment is requested shall be kept in the land use register of the applicant for at least the date of receipt of the application of the Fund by 30 September of the relevant calendar year in the Natura 2000 area referred to in Article 2, while at the same time the type of agricultural culture of permanent grassland is located on those soil blocks throughout that period; and
(d) the applicant for the area of agricultural land with the type of agricultural culture of permanent grassland for which payment is requested in the relevant calendar year complies with the agricultural management condition laid down in Article 7 of Government Regulation No 50 / 2015 Coll., laying down certain conditions for granting direct payments to farmers and amending certain related government regulations.
Notification of the transfer of a business establishment
Notification of the transfer of a business establishment (10) the transferee of the Fund shall deliver to the Fund the form issued by the Fund no later than 30 calendar days after the transfer of land block parts in the land use register to the transferee.
Provision of reduced payment
If the Fund finds that the applicant has not declared all the area under the single application (6) in accordance with the directly applicable European Union Regulation governing the financing, management and monitoring of the common agricultural policy (11) and the difference between the total area indicated in the application and the total total area indicated in the application and the non-declared application is:
(a) more than 3% but less than or equal to 4% of the area declared in the application, reduce the payment by 1% 12),
(b) more than 4% but less than or equal to 5% of the area declared in the application, reduce the payment by 2% 12); or
(c) higher than 5% of the area declared in the application, reduced the payment by 3% 12).
Non-payment
(1) The Fund shall not make payment if it finds that the applicant has not complied with the condition set out in Section 6 (a).
(2) The Fund shall not make payment if it finds that the applicant has not fulfilled the condition set out in § 6 (b) (2) or (3). Non-compliance with this condition shall also be considered as non-submission of the fertilisation register during the check to local13) or of such a register from which it is not possible to establish the required information.
(3) The Fund will not make payment for the relevant part of the soil block if it finds that the applicant has failed to fulfil the condition set out in Section 6 (c) for that part of the soil block.
(4) The Fund shall not make a payment for the measure acquired under Article 7 unless the acquirer of the Fund provides a notification of the transfer of the commercial plant to the Fund issued by the form, no later than 30 calendar days after the transfer of the land block parts in the land use register.
(5) The Fund will not make a payment for the relevant part of the soil block in the national park territory if it finds that the part of the soil block is located in the established territory of the municipality or the stable area of the municipality.
(6) The Fund will not make payment for the relevant part of the part of the soil block if it finds that it has been followed in accordance with Article 3g (4) of the Agriculture Act.
Repayment
If it is further apparent that the applicant to whom the payment has already been made did not fulfil the conditions for granting it, he shall, by decision of the Fund, return the payment granted for the relevant calendar year to the bank account of the Fund from which the payment was made; It shall be treated mutatis mutandis in the event of an additional finding of facts which would justify a reduction of the payment.
Common provision
If the conditions laid down in this Regulation have not been complied with as a result of the intervention of a higher power (14), the provisions on reduction, non-payment or reimbursement of payment provided for in paragraphs 8 to 10 shall not apply.
Rounding
The Fund shall apply mathematical rounding to 2 decimal places when calculating the figures under this Regulation.
Deadline for submission of payment applications for 2015
(1) For 2015, the application for payment referred to in Article 3 (3) may be submitted to the Fund by 29 May 2015.
(2) Where the application for payment is received for 2015 after the deadline referred to in paragraph 1, Article 4 (3) shall apply mutatis mutandis.
Deadline for submission of payment applications for 2020
(1) For 2020, the application for payment referred to in Article 3 (3) may be submitted to the Fund by 15 June 2020.
(2) Where the application for payment is received for 2020 after the deadline referred to in paragraph 1, Paragraph 4 (3) shall apply mutatis mutandis.
Efficacy
This Regulation shall enter into force on 15 April 2015.
Transitional provision introduced by Decree-Law No 84 / 2023 Coll.
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.
Prime Minister:
Sobotka v. r.
Minister for Agriculture:
Ing. Jurečka v. r.
(1) Regulation (EU) No 1305 / 2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698 / 2005, as amended. Regulation (EU) No 1306 / 2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352 / 78, (EC) No 165 / 94, (EC) No 2799 / 98, (EC) No 814 / 2000, (EC) No 1290 / 2005 and (EC) No 485 / 2008. Commission Delegated Regulation (EU) No 640 / 2014 of 11 March 2014 supplementing Regulation (EU) No 1306 / 2013 of the European Parliament and of the Council with regard to the integrated administration and control system and the conditions for refusal or withdrawal of payments and the administrative penalties applicable to direct payments, support for rural development and cross compliance. Commission Implementing Regulation (EU) No 808 / 2014 of 17 July 2014 laying down detailed rules for the implementation of Regulation (EU) No 1305 / 2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development. Commission Implementing Regulation (EU) No 809 / 2014 of 17 July 2014 laying down detailed rules for the implementation of Regulation (EU) No 1306 / 2013 of the European Parliament and of the Council as regards the integrated administration and control system, rural development measures and cross compliance.
2) § 45e (2) of Act No. 114 / 1992 Coll., on Nature and Landscape Conservation, as amended.
3) Paragraph 14 (2) (a) and (b) of Act No. 114 / 1992 Coll., as amended.
4) Paragraph 45a (2) of Act No. 114 / 1992 Coll., as amended.
5) Article 30 (6) (b) of Regulation (EU) No 1305 / 2013 of the European Parliament and of the Council, as amended.
6) Article 72 (4) of Regulation (EU) No 1306 / 2013 of the European Parliament and of the Council, as amended. Article 11 of Commission Delegated Regulation (EU) No 640 / 2014
7) Article 13 of Commission Delegated Regulation (EU) No 640 / 2014.
8) Paragraph 3 (b) of Decree of the Government No. 307 / 2014 Coll., on the determination of details of land use records according to user relations.
9) § 2 (a) of Act No. 156 / 1998 Coll., on fertilisers, soil aids, auxiliary plant preparations and substrates and on agrochemical testing of agricultural soils (Fertilisers Act), as amended.
10) Article 8 of Commission Regulation (EU) No 809 / 2014.
11) Article 72 (1) (a) of Regulation (EU) No 1306 / 2013 of the European Parliament and of the Council, as amended.
12) Article 16 of Commission Delegated Regulation (EU) No 640 / 2014.
13) Article 49 to 53 of Commission Implementing Regulation (EU) No 809 / 2014. Decree No. 377 / 2013 Coll., on the storage and use of fertilisers, as amended.
14) Article 4 of Commission Delegated Regulation (EU) No 640 / 2014. Article 2 (2) of Regulation (EU) No 1306 / 2013 of the European Parliament and of the Council, as amended.
15) Article 15 (1) and (2) of Commission Implementing Regulation (EU) No 809 / 2014, as amended.
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Regulation Information
| Citation | Government Regulation No. 73 / 2015 Coll., on the conditions for granting payments in Natura 2000 areas on agricultural land |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.04.2015 |
|---|---|
| Effective from | 15.04.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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