Government Regulation No. 74 / 2015 Coll.
Government Regulation on the conditions for granting subsidies on animal welfare measures
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Effective from 15.04.2015
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74
GOVERNMENT REGULATION
of 8 April 2015
on the conditions for granting subsidies for animal welfare measures
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, following the directly applicable provisions of the European Union1, regulates the conditions for granting subsidies for animal welfare measures.
Animal welfare measures
(1) The animal welfare measures consist of the following:
(a) enlargement of the lying area in dairy farming;
(b) improving the stables in dairy farming;
(c) ensuring access to the range for dry-cut cows;
(d) improving living conditions in pig farming, which includes:
1. the title of improving living conditions for sows; and
2. the title of improving living conditions for sows; and
(e) the extension of the area for weaned piglets.
(2) For the purposes of this Regulation:
(a) dairy cows of bovine animals kept in a system with market production of milk for which at least 1 birth is recorded in the information system of the central livestock register (3) (hereinafter "the central register");
(b) a dry-cut cow, situated within a period of no more than 60 days before the end of pregnancy,
(c) an adult female pig from 7 months to the end of the first pregnancy,
(d) an adult female pig with at least 1 birth,
(e) weaned piglets within 40 days of weaning, and
(f) the commitment period for the period of compliance with the animal welfare measures, which shall run from 1 March of the relevant calendar year for which the subsidy is to be granted until the last day of February of the following calendar year.
Applicant for subsidy
(1) The applicant for the grant is a natural or legal person who:
(a) at the date on which the application is submitted, keep at least five livestock units registered in the central register (3) in the case of the sub-measure referred to in Article 2 (1) (a) to (c); the conversion factor for determining the number of livestock units is set out in Annex 1 to this Regulation; and
(b) at the date on which the application is submitted, a minimum of 3 livestock units of pigs registered in the central register (3) in the case of the sub-measures referred to in Article 2 (1) (d) and (e); the conversion factor for determining the number of livestock units is set out in Annex 1 to this Regulation.
(2) The State's organisational body may also apply for the grant under Act No. 219 / 2000 Coll., on the property of the Czech Republic and its representation in legal relations, as amended, which fulfils the conditions set out in paragraph 1 (a) and (b).
(3) The holding registered in the central register (3) (hereinafter referred to as the "holding") on which 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") of the farm animals subject to the subsidy are not included in the organic farming system at the time of the commitment in accordance with Act No. 242 / 2000 Coll., on organic farming and amending Act No. 368 / 1992 Coll., on administrative charges, as amended, as amended.
(4) If the applicant applies for a sub-measure subsidy pursuant to Article 2 (1) (a) to (c), the dairy cows must keep the dairy cows on the holdings indicated in the application for a subsidy in free-housing stalls throughout the commitment period.
Application for subsidy
(1) An application for grant shall be submitted by the applicant to the Fund by 15 May of the relevant calendar year for which the grant is to be granted, using the form issued by the Fund for the calendar year concerned under the single application (4).
(2) The application for a subsidy contains:
(a) the formalities laid down in the Agriculture Act;
(b) the particulars referred to in paragraphs 9 to 13 relating to the individual measures applied for by the applicant;
(c) a declaration that the applicant 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 according to the acts and standards of good agricultural and environmental condition for the areas of cross-compliance rules 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) the requirement to provide certification for selected parameters in accordance with Section 7.
(3) If the application for a grant is received after the period referred to in paragraph 1, the grant shall be reduced, under the conditions laid down directly by the applicable European Union Regulation (5), or the Fund shall reject the application for the grant.
(4) Any amendment to the application for grant under the conditions laid down in the directly applicable European Union18) shall be transmitted by the applicant to the Fund by 31 May of the relevant calendar year using the form issued by the Fund.
(5) The application referred to in paragraph 1 may not be submitted to the Fund for a period beginning in 2023 and thereafter.
Conditions for granting the subsidy
(1) The Fund will grant a full grant for animal welfare measures if the applicant does not provide otherwise throughout the retention period, unless otherwise specified in the Regulation,
(a) complies with the cross-compliance rules set out in Annexes 1 to 4 to Government Regulation No 48 / 2017 Coll.,
(b) the holding referred to in the application for a subsidy (hereinafter referred to as "the said holding") retains livestock in such a way as to avoid their abuse or killing by unauthorised means (6) and complies with the requirements for livestock farming set out in Annex 8 to this Regulation;
(c) meets the conditions laid down in this Regulation for each sub-measure;
(d) keep on an ongoing basis, not later than the following day after the operation, the records referred to in Articles 10 (2) (d), 11 (3) (b), 12 (2) (d), 12 (4) (d) or 13 (2) (d), and retain such records for inspection purposes demonstrating the grant and use of the subsidy for at least 10 years);
(e) hold at least five livestock units of dairy cows in the case of the sub-measure referred to in Article 2 (1) (a), (b) or (c).
(2) The retention period is the period for establishing livestock unit 8) of the livestock subject to the subsidy and lasting from 1 June of the relevant calendar year for which the subsidy is to be granted until the last day of February of the following calendar year.
(3) For the purposes of the sub-measure referred to in Article 2 (1) (a), (b) or (c), a dairy cow for which an event report is recorded in the central register (3) shall be considered eligible.
(a) failure after 7 months of pregnancy, stillborn calf or change in the system of farming in terms of market milk production within 30 days of the date of the event; or
(b) the birth of a calf within the time limit provided for in Decree No. 136 / 2004 Coll., laying down the details of the marking of the animals and their registration and registration of the holdings and persons provided for by the Breeding Act, as amended and, where appropriate, the correction of this report.
(4) If the occurrence report is not registered within the period referred to in paragraph 3, the dairy cows shall be considered eligible for the purposes of the sub-measure referred to in Article 2 (1) (a), (b) or (c), or if a condition justifying their eligibility has been established by an on-the-spot check on the date of registration of the event report in the central register (3).
(5) A dairy cow shall also be considered eligible for the purposes of the sub-measure provided for in Article 2 (1) (a), (b) or (c), which is involved in the production of dairy cows under the veterinary legislation, which shall not exceed 10 days.
(6) A dry-cut cow shall be considered eligible for the purposes of the sub-measure referred to in Article 2 (1) (c), which shall have unrestricted access for a period of at least 30 days to the holding referred to in Article 11 (1) (a).
(7) The Fund shall grant the full grant unless the applicant is found not to comply with the animal welfare conditions laid down in this Regulation leading to a reduction, non-grant or refund.
Certificate of parameters
(1) The applicant shall submit to the Fund, on a form issued by it, an application for certification of the selected parameters (hereinafter referred to as "certificates") on those holdings,
(a) for the sub-measures referred to in Article 2 (1) (a) to (c), free housing of dairy cows;
(b) for the sub-measure referred to in Article 2 (1) (a), the total dimensions in m2 of the surface of the lying areas by type of houses9) and the number of lying areas;
(c) for the sub-measure referred to in Article 2 (1) (c), unrestricted access to the range, including the size of the range; and
(d) for the sub-paragraph referred to in Article 2 (1) (e), the dimensions in m2 of the surface of the lying areas (pens) 9) and the number of lying spaces.
(2) The certificate shall be ensured during the commitment period for the year in question in which the application for the grant was submitted and shall be valid in subsequent years if the applicant has not changed the housing method (10) or changed the size of the clearance for dry-cut cows.
(3) Where the applicant has already been certified in previous years, he shall, in accordance with paragraph 1, request that a new certificate be drawn up for the current year in which the application for the grant was submitted only if:
(a) there has been a change in the size of the permanent object according to the land use register according to the userrelations under the Agriculture Act (hereinafter referred to as "permanent object") or the housing method (10);
(b) there has been a change in the scope for dry-cut cows; or
(c) apply to another holding or permanent object and they have not been included in the certificate from previous calendar years.
(4) In the event of a change in the size of the permanent building or the way in which it resides (10), or a change in the size of the range of the permanent building for dry-standing cows during the commitment period, the applicant shall report to the Fund on the form issued by him at least 30 days before the change is made.
(5) In the event that the applicant does not submit an application pursuant to paragraph 1 or does not allow the Fund to certify the parameters within the given sub-measure, the Fund shall reject the application for the grant for that sub-measure.
Reporting of pig status to the integrated agricultural register
(1) In the case of an application for a sub-measure subsidy pursuant to Article 2 (1) (d) or (e), the applicant shall send to the authority responsible for managing the integrated agricultural database register, by electronic means, a central register (3) of the monthly report on pig daily status (hereinafter referred to as "the report") for each holding in the following categories:
(a) sows,
(b) sows, of which, in the case of sows introduced in a given month, with the designation of sows referred to in Article 12 (2) (b), the date of their birth and the date of their first introduction; or
(c) weaned piglets.
(2) The report shall be returned by the applicant no later than the twentieth day of the following month after the month for which the report is sent, except in February when the report is submitted no later than 10 March.
(3) Amendments to the reports referred to in paragraph 1 may be made no later than 10 days after the end of the commitment period.
Sub-measure for the enlargement of the lying area in dairy farming
(1) A list is included in the application for a subsidy to increase the lying area of dairy cows.
(a) the registration numbers of those holdings on which the applicant fulfils the conditions of this sub-measure throughout the commitment period; and
(b) the numbers of all permanent establishments used by the applicant for the entire duration of the undertaking and belonging to that holding under point (a).
(2) The Fund will grant a subsidy to increase the lying area of dairy cows if the applicant fulfils the conditions laid down in Article 6 on each of those holdings and ensures that each dairy cow has a minimum total lying area, by:
(a) in free housing in the production stall with the box bed, the minimum total surface area of the stalls shall be per dairy cow or, where appropriate, other registered livestock (3), in the case of:
1. one-row box arrangement 2,90 m2,
2. the opposite arrangement of two rows of boxes 2,60 m2; and
3. combiboxes 2,22 m2,
(b) in free housing in group pens with a reclining minimum surface area of the stables shall be 5,75 m2 per dairy cow or other registered livestock (3); or
(c) the minimum total surface area of the stables lying area shall be 10,35 m2 per dairy cow and, where appropriate, other registered livestock (3), in free housing in the labour market.
(3) The Fund grants a subsidy to the minimum daily number of livestock units detected by the dairy cows (8) determined according to the minimum daily number of eligible dairy cows referred to in Article 6 (3), (4) or (5) registered in the central register (3) during the retention period for that holding meeting the conditions laid down in this Regulation.
Sub-measure to improve the stable environment in dairy farming
(1) The application to grant aid for measures to improve the livestock farming environment includes:
(a) a list of the registration numbers of those holdings on which the applicant fulfils the conditions of this sub-measure throughout the commitment period;
(b) a list of the numbers of all permanent premises used by the applicant for the entire duration of the commitment and belonging to that holding as referred to in (a); and
(c) an indication of one chosen method of controlling unwanted insects as referred to in paragraph 2 (a) for each object referred to in point (b).
(2) The Fund will provide a subsidy to cover the improvement of the dairy holding environment if the applicant fulfils the following conditions on each of the farms referred to in Article 6:
(a) carry out disinsectisation in all the objects referred to in paragraph 1 (b), by:
1. chemical methods shall be carried out on a total of at least 4 applications of the chemical preparation with a duration of up to and including 30 days, in accordance with Annex 3 to this Regulation, once during each calendar month in the period from 1 June to 30 September of the relevant calendar year; in the case of use of a product having an effective time of more than 30 days, carry out at least 1 application of the chemical product during every 2 calendar months in the period from 1 June to 30 September of the relevant calendar year; or
2. at least 8 applications of biological material shall be carried out in total in accordance with Annex 3 to this Regulation, twice during each calendar month during the period 1 June to 30 September of the relevant calendar year;
(b) keep the packaging from the chemical products or biological materials it applies for a period of 1 year from their use or ensure that it is disposed of by the authorised person under the Waste Act. In the event of the removal of packaging by the authorised person, the applicant shall provide a certificate stating the following:
1. the name and surname of the applicant, or its name;
2. farm registration number,
3rd permanent object number,
4. code names of packages,
5. the quantity and content of packaging;
6. the name of the disinfectant containing the container, and
7. identification of the authorised person to remove the packaging, indicating the name, address of the registered office and the ID card;
(c) retain tax, accounting or other evidence of the purchase or disposal of chemical products or biological materials by him, or of the tax, accounting or other evidence of their application in the form of services from which the said holding has been applied for at least 10 years) from their use;
(d) keep a register of the regulation of unwanted insects with the particulars listed in Annex 3 to this Regulation; and
(e) assembled with straw or separate material, with an alkalisation of a limestone-containing preparation to ensure the resulting pH of the pressed bedding at least 8,5; This is not the case if the births are separated by building.
(3) The Fund grants a subsidy to the minimum daily number of livestock units detected by the dairy cows (8) determined according to the minimum daily number of eligible dairy cows referred to in Article 6 (3), (4) or (5) registered in the central register (3) during the retention period for that holding meeting the conditions laid down in this Regulation.
Sub-arrangements to ensure access to the dry-cut range
(1) A list is included in the application for a subsidy to cover the provision of access to the remote cow range
(a) the registration numbers of those holdings with the permanent object numbers used by the applicant for the production of dry-cut cows and fulfil the conditions of this sub-measure throughout the commitment period; and
(b) land block parts numbers according to land use records according to user relations under the Agriculture Act in case of access to the range referred to in paragraph 2 (b).
(2) For the purposes of this sub-measure, the result shall be:
(a) an enclosed outdoor area; or
(b) part of the soil block according to land use records according to user relations under the Agriculture Act;
with a minimum size of 5 m2 per dry-cut cow, or other registered livestock (3), directly linked to the permanent establishment referred to in paragraph 1 (a).
(3) The Fund shall grant a subsidy to ensure access to the dry-cut range where the applicant fulfils the following conditions on each holding referred to in paragraph 1 (a) in accordance with Article 6:
(a) ensure continuous access to the range for a minimum of 30 days in the 60 days prior to the end of pregnancy;
(b) keep a record of the residence of the non-compliant cows in the stables with access to the restricted areas listed in Annex 4 to this Regulation; and
(c) assembled by straw in the range so that the area directly linked to the permanent object referred to in paragraph 1 (a) is capped at a minimum size of 5 m2 per dry-cut cow or other registered livestock (3).
(4) The Fund grants a subsidy to the total number of livestock units determined by the dry-cut cow (8), determined according to the number of eligible dairy cows referred to in Article 6 (3) to (6) registered in the central register (3), in the retention period on that holding referred to in paragraph 1 (a), meeting the conditions laid down in this Regulation and having ceased pregnancy between 1 July and the last day of February of the following calendar year after the year for which the subsidy is to be granted.
Submeasure to improve living conditions in pig farming
(1) The application to grant aid to support improvements in the living conditions of pigs is
(a) a list of the registration numbers of those holdings on which the applicant fulfils the conditions of this sub-measure throughout the commitment period;
(b) a list of the numbers of all permanent objects used by the applicant for breeding sows or gilts throughout the commitment period and belonging to that holding as referred to in (a);
(c) in the case of an application for a subsidy to support the improvement of the living conditions in pig farming referred to in Article 2 (1) (d) (1), the number of sows introduced on that holding during the retention period for which the applicant will comply with the conditions laid down in this Regulation; and
(d) in the case of an application for a grant to support the improvement of living conditions in pig farming pursuant to Article 2 (1) (d) (2), the minimum daily number of sows on that holding for which the applicant will fulfil the conditions laid down in this Regulation during the retention period.
(2) The Fund will provide a subsidy to cover the improvement of living conditions in pig farming in accordance with Article 2 (1) (d) (1) if the applicant fulfils the following conditions on each of those holdings in accordance with Article 6:
(a) holding at least 1 livestock unit of gilts;
(b) carry out an individual designation of gilts;
(c) carry out the first introduction of sows at the age of 230 days at the earliest; the age of the sows shall be calculated from the day following the date of birth;
(d) keep records of the introduction of sows with the particulars set out in Annex 5 to this Regulation; and
(e) records sows in the integrated agricultural register of the central register database in accordance with Section 8.
(3) The Fund shall grant the subsidy referred to in paragraph 2 to the number of livestock units determined according to the number of sows detected (8) during the whole retention period for that holding meeting the conditions laid down in this Regulation.
(4) The Fund will grant a subsidy to cover the improvement of pig welfare in accordance with Article 2 (1) (d) (2) if the applicant fulfils the following conditions on each of those holdings in accordance with Article 6:
(a) holding at least 3 livestock units of sows;
(b) carry out effective disinfection in all pig births in the said permanent premises on holdings where sows are kept, within a single storage and removal of sections which are constructed (hereinafter referred to as "tour operations"), followed by the holding space empty for at least 24 hours;
(c) the authorised person pursuant to § 12f of Act No. 246 / 1992 Coll., to protect animals against abuse, as amended, shall carry out checks on sows' cloven-hoofs after each weaning, if necessary also their treatment,
(d) keep a register with the particulars set out in Annex 6 to this Regulation on tour operations and inspection and, where appropriate, treatment of cloves; and
(e) register sows in the integrated agricultural register of the central register database in accordance with Section 8.
(5) The Fund shall grant the subsidy referred to in paragraph 4 to the minimum daily number of livestock units determined in accordance with the number of sows detected) during the retention period for that holding meeting the conditions laid down in this Regulation.
Sub-arrangements for the extension of weaned piglets
(1) The application to grant aid for the sub-measure of the extension of the area for weaned piglets includes:
(a) a list of the registration numbers of those holdings on which the applicant fulfils the conditions of this sub-measure throughout the commitment period;
(b) a list of all numbers of permanent objects used by the applicant for keeping weaned piglets throughout the commitment period and belonging to the holding referred to in (a); and
(c) the average number of weaned piglets during the retention period on that holding for which the applicant will fulfil the conditions of the retention period.
(2) The Fund will grant a subsidy to cover the extension of the area for weaned piglets if the applicant fulfils the following conditions on each of those holdings in accordance with Article 6:
(a) holding at least one livestock unit of weaned piglets; a reduction in the number of livestock units which does not exceed 10 consecutive calendar days shall not be considered a breach;
(b) ensure that all weaned piglets or any other registered livestock (3) have an area of at least 0,24 m2 per head;
(c) indicate the sections or pens in which weaned piglets are kept;
(d) keep records of weaned piglets with the particulars set out in Annex 7 to this Regulation; and
(e) records weaned piglets in the integrated agricultural register of the central registration database referred to in Article 8.
(3) The Fund grants a subsidy to the number of livestock units determined according to the average number of weaned piglets found (8) during the retention period for that holding meeting the conditions laid down in this Regulation. The average number of weaned piglets shall be determined as the arithmetic mean of the total number of weaned piglets recorded over the retention period.
Notification of the transfer of a business establishment
Notification of the transfer of a business establishment (11) the transferee of the Fund shall submit the forms to the transferee no later than 30 calendar days after the date of the transfer of the animals in the central register (3).
Amount of subsidy
(1) The subsidy rate is:
(a) EUR 13 per livestock unit for dairy cows in the case of the sub-measure referred to in Article 2 (1) (a);
(b) EUR 67 per livestock unit of dairy cows in the case of the sub-measure referred to in Article 2 (1) (b);
(c) EUR 42 per livestock unit of dairy cows in the case of the sub-measure referred to in Article 2 (1) (c);
(d) EUR 147 per livestock unit of sows in the case of the sub-measure referred to in Article 2 (1) (d) (1);
(e) EUR 59 per livestock unit of sows in the case of the sub-measure referred to in Article 2 (1) (d) (2); and
(f) EUR 89 per livestock unit of piglets in the case of the sub-measure referred to in Article 2 (1) (e).
(2) The subsidy for the relevant calendar year shall be calculated as the product of the number of livestock unit (8) of animals found and the rate referred to in 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 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 subsidy is granted. If the exchange rate is not fixed at that date, the nearest previous exchange rate shall be used.
(4) The Fund will not grant a subsidy to that holding to the applicant if at least one of the permanent buildings listed in the application for subsidy is located in the territory of the capital of Prahy12).
(5) The Fund will not provide the applicant with the sub-subsidy provided for in Article 2 (1) (a) for that holding if there has been an increase in the number of housed animals referred to in Article 2 (7) (b) (1) of Decree No. 208 / 2004 Coll., on minimum standards for the protection of livestock, as amended, for stables with an automatic milking system pursuant to § 1a (e) of Decree No. 208 / 2004 Coll., as amended.
Refusal of an application for grant and reduction or non-grant
(1) Subsidies for the relevant calendar year referred to in Article 5 shall not be granted for those holdings if the Fund finds that the applicant has not complied with the condition laid down in:
(a) Article 3 (1) (a) or (b);
(b) Paragraph 3 (3) or (4),
(c) Article 6 (1) (d) or (e);
(d) Paragraph 8 (1),
(e) Paragraph 9 (2),
(f) Paragraph 10 (2) (c),
(g) Paragraph 11 (2),
(h) Article 11 (3) (a) or (c);
(i) Article 12 (2) (a) or (b);
(j) Article 12 (4) (a), (b) or (c); or
(k) Paragraph 13 (2) (a) or (b).
(2) Subsidies for animal welfare measures for the relevant calendar year shall not be granted if the Fund finds that the applicant has not complied with the conditions laid down in Article 6 (1) (b) or if the applicant has not complied with Sections 2, 4 or 5 of the Animal Protection Act or has not complied with the requirements for livestock farming set out in Annex 8 to this Regulation.
(3) If the Fund finds that the number of livestock units detected by animals (8) kept by the applicant during the retention period is:
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Regulation Information
| Citation | Government Regulation No. 74 / 2015 Coll., on the conditions for granting subsidies on animal welfare measures |
|---|---|
| Regulation Type | - |
| 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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