Government Regulation No. 75 / 2015 Coll.
Government Regulation on the conditions for the implementation of agri-environmental climate measures and amending Government Regulation No. 79 / 2007 Coll., on the conditions for the implementation of agri-environmental measures, as amended
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Regulation
Effective from 15.04.2015
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75
GOVERNMENT REGULATION
of 8 April 2015
on the conditions for the implementation of agri-environmental climate measures and amending Government Regulation No 79 / 2007 Coll., on the conditions for the implementation of agri-environmental measures, as amended
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.:
CONDITIONS FOR IMPLEMENTATION OF AGROENVIRONMENTAL-CLIMATIC MEASURES
INTRODUCTORY PROVISIONS
Subject matter
This Regulation regulates the conditions for the implementation of agri-environmental climate measures following the directly applicable European Union1.
Agri-environmental climate measures
The agri-environment-climate measures consist of the following aspects:
(a) integrated fruit production;
(b) integrated wine production, which is subdivided into titles
1. the basic protection of vineyards; and
2. supranational protection of vineyards,
c) integrated vegetable and strawberry production, which is divided into titles
1. integrated vegetable production; and
2. integrated strawberry production,
d) Treatment of grassland that is divided into titles
1. general care for extensive meadows and pastures;
2. mesophilic and humid meadows fertilised,
3. non-fertilised mesophilic and humid meadows,
4. mountain and dry meadows fertilised,
5. mountain meadows and dry meadows,
6. permanently wet and peat meadows,
7. protection of blueberries,
8. protection of the field rattlesnake,
9. dry steppe lawns and heaths; and
10. Species-rich pasture,
(e) grubbing-up of arable land which is subdivided into titles
1. grubbing of arable land with common mixture;
2. grounding of arable land with a species rich mixture,
3. the grubbing-up of arable land by regional mixtures;
4. grounding of arable land along the water body by common mixture;
5. grounding of arable land along the water body with species-rich mixtures; and
6. grounding of arable land along the water body of regional mixtures,
(f) biobelts which are subdivided into titles
1. feed biopases; and
2. nectarine biopharmaces;
(g) the protection of the chocholata; and
(h) grounding routes of concentrated effluent.
Application for inclusion in the sub-measure under agri-environmental climate measures
(1) An application for inclusion in one of the sub-measures under agri-environmental climate measures referred to in Article 2 ("the application for inclusion") may be submitted by a natural or legal person ("the applicant") if:
(a) farm land kept in land use records according to user relations under the Agricultural Act (hereinafter referred to as land use records) for applicants; and
(b) it fulfils the additional conditions for inclusion in the relevant sub-measure provided for in Article 2 of this Regulation.
(2) The application for inclusion is submitted to:
(a) the whole part of the soil block in the case of sub-measures referred to in § 2 (a) to (e), (g) and (h); or
(b) part of the part of the soil block in the case of sub-coverage referred to in § 2 (f).
(3) The application for inclusion shall be submitted for a commitment period of 5 years beginning on
(a) on 1 January of the first year of the five-year period (hereinafter referred to as "the undertaking") for which an application for inclusion is submitted, if the sub-measure referred to in Article 2 (a) to (e), (g) and (h) is applied for and expires on 31 December of the fifth year of the commitment; or
(b) on 1 April of the first year of the commitment for which the application for inclusion is submitted, if the sub-measure referred to in Article 2 (f) is applied for, and expires on 31 March of the fifth year of the commitment.
(4) The application for inclusion shall be submitted by the applicant to the State Agricultural Intervention Fund (hereinafter referred to as the Fund) by the Fund for the calendar year in question, by 15 May of the first year of commitment referred to in paragraph 3. Only one application for inclusion may be submitted in one calendar year.
(5) The Fund shall include the applicant in the relevant sub-measure where the conditions laid down in the Agriculture Act and this Regulation are met.
(6) In the period from the date of receipt of the application for inclusion until the date of inclusion of the applicant in the relevant sub-measure, the application may not:
(a) add another part of the soil block to the application for inclusion;
(b) in the application for inclusion, increase the area of the soil block part; or
(c) in the application for inclusion, amend the chosen conditions relating to the part of the soil block.
(7) The application referred to in paragraphs 1 and 2 may not be submitted to the Fund for a period beginning in 2020 and thereafter, except for an application for inclusion in the sub-measure of the grubbing-up of arable land referred to in Article 2 (e) and for the sub-measure of the grubbing-up of concentrated effluents referred to in Article 2 (h).
(8) The application referred to in paragraphs 1 and 2 for inclusion in the sub-measure of the grubbing-up of arable land referred to in Article 2 (e) and in the sub-measure of the grubbing-up of concentrated effluents referred to in Article 2 (h) cannot be submitted to the Fund for a period beginning in 2021 and thereafter.
Moving from agri-environment to organic farming
(1) If, during the duration of the undertaking, the applicant intends to make a transition from the sub-measure of integrated production pursuant to § 2 (a), (b) or (c) to organic farming measures under Government Regulation No. 76 / 2015 Coll., on the conditions for implementing organic farming measures, it shall proceed pursuant to § 3 of Government Regulation No. 76 / 2015 Coll.
(2) If the Fund places applicants in organic farming measures in accordance with Article 3 of the Government Regulation No. 76 / 2015 Coll., the failure to complete the commitment in the sub-measure referred to in Article 2 (a), (b) or (c) shall not be considered as non-compliance with the conditions laid down in this Regulation. If the Fund does not include the applicant in the organic farming measures, the obligation under Article 2 (a), (b) or (c) of the integrated production obligation remains.
Transition under the sub-measure of integrated wine production
(1) If, during the duration of the undertaking, the applicant intends to make a transition under Article 2 (2) of the basic protection of vineyards. (b) point (1) for the title of the pre-construction protection of vineyards under § 2 (b) (1) (b) point (2) shall deliver to the Fund by 15 May of the calendar year concerned a new application for inclusion in accordance with paragraph 2, at the same time requesting inclusion in a new commitment.
(2) The applicant shall indicate in the application referred to in paragraph 1:
(a) all parts of the soil blocks classified under the title of the basic protection of vineyards under § 2 (b) (1);
(b) all parts of the soil blocks classified under the title of the supranational protection of vineyards under § 2 (b) (2);
(c) all parts of the soil blocks with a type of agricultural crop of vineyards which the applicant has newly requested to include in the title of basic protection of vineyards under § 2 (b) (1);
(d) all parts of the soil blocks with a type of agricultural crop of vineyards, which the applicant has newly requested to include in the title of supranational protection of vineyards under § 2 (b) (2);
(e) an increase in the land block part classification; and
(f) a reduction in the land block part classification.
(3) At the request referred to in paragraph 1, the conditions set out in Sections 3, 7 and 8 shall apply mutatis mutandis. Where the applicant fulfils the conditions for inclusion in the sub-measure of integrated wine production pursuant to Article 2 (b), the completion of the original undertaking shall not be considered as non-compliance with the conditions laid down in this Regulation.
(4) The application referred to in paragraph 1 may not be submitted to the Fund for a period beginning in 2020 and thereafter.
Change of classification among the titles in the sub-coverage of grass management
(1) If, during the duration of the undertaking, the applicant intends to change the classification of the subcategories referred to in § 2 (d), the applicant may only do so:
(a) by mesophilic and humid meadows fertilised in accordance with § 2 (d) (2) to mesophilic and humid meadows not fertilised in accordance with § 2 (d) (3);
(b) in respect of mountain and dry meadows fertilised under § 2 (d) (4) to mountain and dry meadows not fertilised under § 2 (d) (5); or
(c) on the basis of the general care of extensive meadows and pastures referred to in § 2 (d) (1) to one of the titles referred to in § 2 (d) (2) to (10), where there is a new specially protected area on the part of the soil block (13), the national park protection zone (14) or the Natura Area (200015);
in such a case, the applicant shall forward to the Fund, by 15 May of the calendar year at the latest, an application for a change of classification or, where applicable, an application for classification pursuant to Article 3; in the case of the procedure referred to in point (c), the applicant shall indicate in the application for a change of classification or, where applicable, in the application for classification referred to in Article 3, that the change of title is due to the reason referred to in point (c).
(2) At the request referred to in paragraph 1, the conditions set out in Sections 3, 7 and 8 shall apply mutatis mutandis.
(3) The application referred to in paragraph 1 may be made only in the case of the definition of a given part of the soil block as a nest site for field, sown or peat meadow, valuable meadow community or as a blue site under a government regulation governing the details of land use records according to user relations ("valuable habitats').
(4) If the conditions for changing the classification of the sub-items referred to in Article 2 (d) are met, the Fund shall, upon application under paragraph 1, include the applicant in the new title under that sub-category.
Increase of the declared area
(1) The applicant may, during the duration of the undertaking, apply for an increase in the area of the part of the soil block included in the relevant sub-measure referred to in Article 2 or for an increase in the area by the inclusion of a new part of the soil block. The area may be increased by no more than 35% of the total area covered by the relevant sub-measure in the first year of the commitment period referred to in Article 3 (5).
(2) An increase in the area by the inclusion of a new part of the soil block referred to in paragraph 1 may be made only by the inclusion of the whole part of the soil block, with the exception of the subsection referred to in Article 2 (f).
(3) An application for an increase in the allocated area referred to in paragraph 1 shall be submitted by the applicant to the Fund by means of an application for a change to the classification on the Fund issued by the form no later than 15 May of the calendar year concerned.
(4) The request referred to in paragraph 3 may not be made in the fifth year of the commitment.
(5) The Fund shall decide, on the basis of a request for an amendment to the classification submitted pursuant to paragraph 3, to be included in the sub-measure referred to in Article 2, taking into account the change in the area of agricultural land.
(6) If, during the duration of the undertaking, the applicant intends to increase the assigned area to an extent exceeding the limit referred to in paragraph 1 or intends to increase the assigned area in the fifth year of the commitment, it shall submit a request for inclusion in the new undertaking in accordance with Article 3, requesting that it be included. In this request, the parts of the soil blocks originally included in the relevant sub-measure and the additional area which it requires to be included in this sub-sub-commitment. In the case of sub-classes referred to in § 2 (b), (c), (d) or (f), the title relating to the already included part of the soil block may not be changed in the application for classification unless it is a procedure under § 5 or 6. The fulfilment of the conditions of the relevant sub-measure referred to in Article 2 shall be assessed separately under the new commitment without relation to the original commitment. Failure to complete the original undertaking in this case shall not be considered as non-compliance with the conditions laid down in this Regulation.
(7) If, during the duration of the undertaking, the applicant intends to include an additional area for the area already included in the sub-measure referred to in § 2 (e) or (h), it shall submit a request for classification in accordance with § 3. In this request it shall indicate the additional measure which it requires to be included in the relevant sub-measure under Article 2 in the new commitment. The fulfilment of the conditions of the relevant sub-measure referred to in Article 2 shall be assessed separately under the new commitment without relation to the original commitment.
(8) An increase in the area included in the fifth year of the commitment shall not be considered as an increase in the area of the land block covered by the sub-measure referred to in Article 2.
Reductions of the declared area
(1) The applicant may request, during the duration of the undertaking, a reduction in the area of the soil block part or the decommissioning of the soil block part included in the relevant sub-measure referred to in Article 2.
(2) The application for a reduction in the allocated area referred to in paragraph 1 shall be submitted by the applicant to the Fund by means of an application for a change to the classification on the Fund issued by the form, in the case of sub-measure as referred to in
(a) Article 2 (a) to (e), (g) or (h) by 10 January of the following calendar year at the latest, where the reduction in the area took place within the period from the date of receipt of the application for the grant until 31 December of the calendar year concerned; or
(b) Article 2 (f) by 30 April of the following calendar year at the latest, where the reduction in the area took place within the period from the date of receipt of the application for the grant by 31 March of the following calendar year;
where the reduction in the area has taken place outside the periods referred to in (a) or (b), the application for a reduction in the area covered by paragraph 1 shall be submitted by the applicant no later than 15 May of the calendar year concerned.
(3) The time limits referred to in paragraph 2 do not apply to notification of intervention by higher power (2). An application received after the expiry of the period referred to in paragraph 2 (a) or (b) shall be rejected by the Fund.
(4) The applicant shall indicate in the application for a reduction of the declared area, whether it requests a reduction of the area of the soil block part or the exclusion of the soil block part included in the relevant sub-measure on the grounds of:
(a) restitution or property settlement with churches and religious society3),
(b) the implementation of the land modification (4);
(c) intervention of higher power (2);
(d) withdrawal or restriction of the right of ownership for construction or public interest measures (5);
e) pozbytí užívání pozemku v evidenci využití půdy, nejvýše však do 25 % celkové výměry zemědělské půdy zařazené do příslušného podopatření v prvním roce trvání závazku podle § 3 odst. 5, nebo
(f) other than those referred to in points (a) to (e).
(5) The Fund will decide, on the basis of a request to reduce the area allocated, on its inclusion in the relevant sub-measure referred to in Article 2, taking into account the change in the area of agricultural land.
(6) If the Fund finds that the land use register has reduced the declared area or that the land use register no longer fulfils the terms of the undertaking, without the applicant submitting an application for an amendment to the classification in accordance with paragraph 2 in the relevant year of the commitment, the Fund shall decide on the inclusion in the relevant sub-measure referred to in paragraph 2, taking into account the change in the area of agricultural land or, where appropriate, the exclusion of the area which no longer meets the terms of the commitment; the obligation to repay the subsidy or part thereof is not affected.
(7) If the Fund finds that the land use register has reduced by all the allocated area, or that all the allocated area in the land use register no longer complies with the terms of the undertaking, without the applicant submitting an application for an amendment to the classification in accordance with paragraph 2 in the relevant year of the commitment, the Fund shall decide to exclude the applicant from the relevant sub-measure referred to in Article 2; the obligation to repay the subsidy is not affected.
(8) For the purposes of paragraph 2 (c) of the application, where standard arable land has occurred in the land use register for the change of the type of agricultural culture to the type of agricultural eel culture during the period from 1 March 2023 to the date of application for the amendment of the classification referred to in paragraphs 1 and 2, the commitment period for the relevant part of the soil block shall be terminated and the obligation for that part of the soil block shall not be deemed to have been fulfilled under the conditions laid down in this Regulation.
(9) If the sub-measure referred to in Article 2 (f) in the land use register for the change of the type of agricultural culture has resulted in standard arable land per type of agricultural eel culture after the end of the calendar year 2023, the commitment period for the relevant part of the soil block shall be terminated, and the termination of the commitment on that part of the soil block shall not be considered as non-compliance with the conditions laid down in this Regulation.
Granting a sub-measure under agri-environmental climate measures
(1) The application for the grant of the sub-measure referred to in Article 2 (hereinafter referred to as the "application for grant") shall be notified annually by the applicant to the Fund by the Fund in respect of the form issued for the calendar year concerned in the framework of the single application (6) by 15 May of the relevant calendar year for which the grant is to be granted.
(2) The grant shall be granted in full to the applicant in accordance with Article 23 if:
(a) the applicant is included in the relevant sub-measure referred to in Article 3 (5), and the part of the soil block indicated in the application for inclusion is included in that sub-measure;
1. the sub-measure referred to in Article 2 (d) shall be defined in accordance with the Government Regulation governing the details of land use records according to user relations and classified in accordance with Article 16 (5); or
2. the sub-measure referred to in § 2 (g) is defined in accordance with the Government Decree on the details of land use records according to user relations and classified in accordance with § 22 (3) (d);
(b) the applicant shall manage and undertake to manage in accordance with:
1. the cross-compliance rules referred to in the Government Regulation governing the cross-compliance rules for payments to farmers,
2. the conditions of minimum requirements for the use of fertilisers and plant protection products referred to in the Government Regulation on rules on cross-compliance of payments to farmers; and
3. other conditions laid down in this Regulation,
(c) where fertiliser and manure are used, the applicant shall keep a fertiliser record in accordance with the fertiliser law and shall keep that record for inspection purposes demonstrating the granting and use of the subsidy for at least 10 years;
(d) in the case of use of plant protection products, the applicant shall keep records of the use of such products in accordance with the directly applicable European Union Regulation (7) and the Plant Health Act and shall keep such records for inspection purposes demonstrating the granting and use of the subsidy for at least 10 years;
(e) the Fund has not identified the applicant for non-compliance with agri-environmental climate measures leading to a reduction, non-grant or refund in the relevant calendar year; and
(f) The Fund has not identified standard arable land included in the sub-measure referred to in § 2 (c), § 2 (f) or § 2 (g) in the relevant calendar year of non-compliance with the agricultural management conditions of standard arable land laid down in the Government regulation governing the details of land use records according to user relations.
(3) In assessing the area and culture of agricultural land used according to land use records, the relevant period
(a) in the case of sub-periods referred to in Article 2 (a) to (e), (g) or (h), the period from the date of receipt of the application for grant until 31 December of the relevant calendar year; or
(b) in the case of sub-measures referred to in Article 2 (f), the period from the date of receipt of the application for the grant until 31 March of the following calendar year.
(4) If the application for grant is received after the deadline referred to in paragraph 1, the Fund shall reduce the grant under the conditions laid down in the directly applicable European Union Regulation (8) or reject the application for grant.
(5) The application for a subsidy for the relevant calendar year shall include:
(a) the geospatial information on the parts of the soil blocks or parts thereof indicated by the applicant in the application; for sub-paragraph (a), geospatial information on the production area; and
(b) an indication of the size of the individual parts of the soil blocks or parts thereof referred to in point (a) kept in the land use register for the applicant.
(6) If the applicant decides to restore permanent grassland in accordance with the Agriculture Act (hereinafter referred to as "recovery ') to a part of the soil block with a type of agricultural culture of permanent grassland, the applicant shall ensure that, by 31 August of the relevant calendar year at the latest, the relevant part of the soil block is accompanied by a continuous grassland and shall:
(a) the first seced together with the removal of biomass; or
(b) a crop intended to protect the growing grassland has been harvested, if sown.
(7) In the case of renewal in accordance with paragraph 6, where this Regulation provides for the date of implementation of the first crop before 31 August of the relevant calendar year, the first crop with the removal of biomass or the harvest of crops intended to protect the growing grassland shall be considered to comply with this condition by 31 August of the relevant calendar year.
(8) Any amendment to the application for grant under the conditions laid down in the directly applicable European Union27) shall be notified by the applicant to the Fund by 31 May of the relevant calendar year using the form issued by the Fund.
Proportionality of the subsidy
(1) Where the applicant demonstrates that during the duration of the commitment there has been a reduction in the area of agricultural land included in the sub-measure referred to in Article 2 for the reasons referred to in Article 8 (4) (a) to (e) or Article 16 (5) (a), the subsidy shall be granted for the relevant area of agricultural land subject to the change, in proportion to the length of the period for which the applicant kept it in the land use register or the period ending on the date on which the event occurred pursuant to Article 8 (4) (c). The proportional amount of the subsidy shall not be granted for the area of agricultural land which is subject to the change if such area has not been applied to the applicant on the date of receipt of the application for the grant in the land use register.
(2) Where the applicant does not demonstrate that during the duration of the undertaking there has been a reduction in the area of agricultural land included in the sub-measure referred to in Article 2 for the reasons referred to in points (a) to (e) of Article 8 (4), or Article 16 (5) (a), or where he indicates the reason for the reduction referred to in point (f) of Article 8 (4), the subsidy shall be granted in proportion to the reduction of the area referred to in point (f) of Article 8 (4) and, where appropriate, the exclusion from the relevant sub-measure referred to in Article 2, shall be granted as from the start of the commitment.
(3) Where the applicant submits an application for a reduction of an area classified in which he reduces the area of agricultural land included in the relevant sub-measure by all the area included, or where the applicant requests exclusion from the relevant sub-measure, the Fund shall decide to exclude the applicant from the relevant sub-measure; the obligation to repay the subsidy or part thereof is not affected.
Transfer and transition to agri-environmental climate measures
(1) If the natural person who is an applicant ceases to be an agricultural activity or the legal person who is an applicant ceases to exist without liquidation, and the new user of the agricultural land or legal successor of the deceased legal person (hereinafter referred to as the "transferee ') notifies the Fund on the Fund issued by the Form no later than 30 calendar days from the date of transfer of the land block parts previously managed by the applicant to the transferee in the land use register and undertakes in writing to continue fully to fulfil the conditions of the relevant sub-measure referred to in Section 2, this shall not be considered as non-compliance with the conditions laid down for the relevant consideration in Section 2 and the Fund for the reduction, non-grant or refund of the subsidy.
(2) If, as a result of the transfer or the puck of a part or whole of a business establishment, the applicant has, during the relevant commitment, reduced the area of agricultural land to which the subsidy is granted under the relevant sub-measure, and the acquirer of a part or all of the business establishment notifies the Fund on the basis of the form issued by the Fund no later than 30 calendar days after the date of transfer of the land block parts previously operated by the applicant to the acquirer in the land use register and undertakes in writing to continue to fulfil the conditions of the relevant part of the business establishment, the Fund for the reduction, non-grant or reimbursement of the grant shall not be decided in writing by the applicant in the case of the transfer of part of that business.
(3) Where a transferee who is included in the relevant sub-measure referred to in Article 2 undertakes in writing to continue to fulfil the conditions of that sub-measure for the agricultural land covered by paragraph 1 or 2, a new application for inclusion shall no longer be made and Article 7 shall not apply in this case; However, it shall notify the Fund of this fact on the form issued by the Fund;
(a) where the agricultural land acquired pursuant to paragraph 1 or 2 is included in the relevant sub-measure referred to in paragraph 2 for a shorter period than the agricultural land that the acquirer had before the acquisition of the agricultural land referred to in paragraph 1 or 2, and the share of the agricultural land thus acquired exceeds 35% of the area of agricultural land that the acquirer had until the acquisition of the agricultural land referred to in paragraph 1 or 2 was included in that sub-measure, the acquirer shall indicate to the Fund the aggregate area of agricultural land included in that sub-measure, and the Fund shall set out in the new classification decision on the start of the commitment corresponding to the calendar year when the newly acquired agricultural land was included to the original applicant in that sub-measure;
(b) in other cases, the transferee shall indicate on the Fund issued the form a summary of the agricultural land included in this sub-measure and the Fund shall set in the new classification decision the starting date of the commitment corresponding to the calendar year in which the transferee was included in that sub-measure.
(4) Where an acquirer which is not included in the relevant sub-measure undertakes in writing to continue to fulfil the conditions of that sub-measure for the agricultural land covered by paragraph 1 or 2, no new application for inclusion shall be submitted; However, the Fund shall notify the Fund of the form issued by the Fund indicating the area included in that sub-measure and the Fund shall specify in the new classification decision the remainder of the period during which the acquirer will be included in that sub-measure.
(5) Where there is a transfer or transfer of obligations resulting from the conditions for inclusion in the relevant sub-measure as a result of the facts referred to in paragraph 1 or 2, the area of agricultural land which may be the subject of:
(a) an increase in the allocated area pursuant to Article 7, during the remainder of the relevant commitment, as the sum of the amount not yet exhausted by the acquirer, the increase in the classified area referred to in Article 7 and the relative part by the transferor not yet exhausted by the increase limit referred to in Article 7, corresponding to the proportion of the allocated area transferred to the acquirer; the limit of the increase of the area for the converter is reduced accordingly; or
(b) a reduction in the allocated area pursuant to Article 8 (4) (e), during the remainder of the relevant liability, as the sum of the amount not yet exhausted by the acquirer, the reduction in the allocated area referred to in Article 8 (4) (e), and the proportional part by the transferor of the previously unused reduction limit referred to in Article 8 (4) (e), corresponding to the proportion of the allocated area transferred to the acquirer; the limit of the area reduction for the converter is reduced accordingly.
(6) Where the acquirer has undertaken in writing to continue fully to fulfil the conditions of the relevant sub-measure for the agricultural land referred to in paragraph 1 or 2 and has failed to fulfil, during the period for which the original applicant or the acquirer was included in the relevant sub-measure, the reduction of the allocated area for agricultural land referred to in paragraph 8, with the exception of the reduction for reasons referred to in paragraphs 8 (4) (a) to (e), or the failure to meet other conditions for such sub-measure on the agricultural land to which the grant was granted, the Fund shall decide to refund the proportion of the subsidy by the acquirer for the period for which the original applicant or the acquirer was included.
(7) If, during the period in which the non-compliance with the conditions leading to the application of the procedure referred to in Title Four of this Regulation is found to result in the transfer of an undertaking as a result of the facts referred to in paragraph 1 or 2, the procedure provided for in Title Four of this Regulation shall apply in the context of the decision granting the subsidy to the transferee only to part of the area of agricultural land obtained from the original applicant. Non-compliance with the condition set out in Article 17 by the transferor or transferor as a result of the facts referred to in paragraph 1 or 2 shall not be considered as non-compliance with the condition leading to the procedure laid down in Title 4 of this Regulation if the non-compliance lasts for a maximum period of 15 days before or after the date on which the agricultural land was transferred from the transferor to the transferor in the land use register.
BLIER CONDITIONS FOR IMPLEMENTATION OF AGROENVIRONMENTAL-CLIMATIC MEASURES
Subarrangements for integrated fruit production
(1) The applicant shall indicate in the application for inclusion in the sub-measure of integrated fruit production:
(a) a list of all parts of the soil blocks which it manages kept in the land use register for applicants with a type of agricultural culture of fruit orchards; and
(b) an indication of the area of the individual parts of the soil blocks referred to in (a) kept in the land use register for the applicant.
(2) The application for inclusion in the sub-measure of integrated fruit production shall include geospatial information on the parts of the soil blocks indicated by the applicant in the application.
(3
(a) none of the sub-measures referred to in Article 2;
(b) agri-environmental measures pursuant to Article 2 of Government Regulation No 79 / 2007 Coll., on the conditions for implementing agri-environmental measures, as amended;
(c) organic farming measures under Government Decree No. 76 / 2015 Coll.
(d) none of the sub-aspects referred to in Section 2 of Government Decree No. 330 / 2019 Coll., on the conditions for the implementation of successive agri-environmental climate measures; or
(e) the follow-up measure to organic farming under Government Decree No 331 / 2019 Coll., on the conditions for implementing the follow-up measure to organic farming.
(4) The minimum area to be included in the sub-measure of integrated fruit production shall be 0,5 hectares of agricultural land with a type of agricultural culture of fruit orchards according to a government regulation governing the details of land use records according to user relations.
(5) The applicant during the period of inclusion in the sub-measure of integrated fruit production on the whole area of the soil block part with the type of agricultural culture fruit orchards
(a) it does not apply plant protection products containing any of the active substances listed in Part A of Annex 3 to this Regulation;
(b) it does not apply herbicides in the order of the fruit set; Intermediate means the area of the set for the treatment of the set, the movement of techniques and other agrotechnical operations;
(c) ensure, by means of a person who is competent to have an accreditation certificate pursuant to Article 16 of the Act on Technical Requirements for Products, by the end of the fifth year at the latest of the relevant obligation to take soil samples from all parts of the soil blocks included in this sub-measure and to analyse these samples in order to establish and establish compliance with the limit of the chemical content set out in Annex 4 to this Regulation; in the case of a transfer of classification pursuant to Section 4, the applicant shall ensure that soil samples are taken and analysed from all parts of the soil blocks included in this sub-measure by the date of termination of the undertaking at the latest; records of the results of soil sample analysis shall be kept for at least 10 calendar years following the calendar year in which the analysis was carried out;
(d) implement annually:
1. the collection of one fruit sample for each starting 20 hectares of fruit set eligible for the grant referred to in Article 2 (a);
2. in the case of cultivation of several fruit species, one sample of the predominant species may be taken per area for each beginning of 20 hectares of its area and the remaining number of samples until the minimum number of samples referred to in point 1 has been met from any fruit species grown in the relevant set, the area of the predominant fruit species being assessed on the date of the application for the grant, unless it is found otherwise on the spot,
(e) provide for annual analysis of fruit samples taken in the relevant calendar year referred to in point (d) by a competent person who has an accreditation certificate pursuant to Article 16 of the Act on Technical Requirements for Products in order to determine and establish compliance with the limit on the content of the chemicals listed in Annex 5 to this Regulation and shall keep records of the results of the analysis of fruit samples for at least 10 calendar years following the calendar year in which the analysis was carried out;
(f) make a regular incision each year in order to illuminate the crowns of fruit trees from 1 June to 15 August of the relevant calendar year, to the extent appropriate to the cultivation technology used, with the trimmed mass being horny and spread evenly over the fruit set area by 15 August of the relevant calendar year;
(g) carry out a regular incision each year in order to illuminate the fruit shrubs from 1 May to 30 June of the relevant calendar year, to the extent appropriate to the cultivation technology used, with the trimmed mass being horny and spread evenly across the fruit set area by 30 June of the relevant calendar year;
(h) carry out, by 15 August of the relevant calendar year at the latest, a mechanical adjustment of the intermediate and handling area of the fruit set;
(i) have completed, by 31 August each year, the relevant calendar year of training provided by the Central Control and Examination Institute for agriculture in order to extend knowledge of the integrated fruit system for at least 6 hours;
(j) monitor and record on a daily basis between 1 March and 30 September of the calendar year concerned;
1. the meteorological elements with a temperature, humidity and lamination of the leaves identified by the technical equipment referred to in Part C of Annex 2 to this Regulation, to the extent specified in Part A of Annex 2 to this Regulation and in the manner specified in Part D of Annex 2 to this Regulation; and
2. the presence of harmful organisms detected by a technical installation according to Part A Annex 6 to this Regulation, as set out in Part B of Annex 6 to this Regulation, shall keep records of the monitoring carried out for at least 10 calendar years following the calendar year in which the alert was made; and
(k) carry out an interim evaluation of the monitoring data referred to in point (j) and record the results of the evaluation of the monitoring data in the manner set out in Part B of Annex 6 to this Regulation, taking the view that, unless there is a change affecting the evaluation of the data, the evaluation shall correspond to the last record made and shall keep the records of the evaluation of the monitoring data for at least 10 calendar years after the calendar year in which the record was made.
(6) The conditions referred to in paragraph 5 (d) or (e) apply only to the part of the soil block to which an application for subsidy is made pursuant to paragraph 7.
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Regulation Information
| Citation | Government Regulation No. 75 / 2015 Coll., on the conditions for the implementation of agri-environmental climate measures and amending Government Regulation No. 79 / 2007 Coll., on the conditions for the implementation of agri-environmental measures, as amended |
|---|---|
| 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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