Government Regulation No. 76 / 2015 Coll.
Government regulation on the conditions for implementing organic farming measures
Valid
Regulation
Effective from 15.04.2015
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76
GOVERNMENT REGULATION
of 8 April 2015
on the conditions for implementing organic farming 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.:
INTRODUCTORY PROVISIONS
Subject matter
This Regulation lays down the conditions for the implementation of organic farming measures, following directly applicable European Union1.
Application for inclusion in organic farming measures
(1) An application for inclusion in an organic farming measure (hereinafter referred to as the "application for inclusion") may be made by a natural or legal person or an organisational entity of the State under the Law on the property of the Czech Republic and its presentation in legal relations (hereinafter referred to as the "applicant") if:
(a) carry out agricultural activities on its own behalf on its own responsibility;
(b) it operates in accordance with the Organic Agriculture Act and is registered in the organic farming system as provided for in paragraphs 6 to 8 of the Organic Agriculture Act on the date of receipt of the application; and
(c) classifies at least 0,5 hectares of agricultural land held on it in the land use register according to the user relations under § 3a et seq. of the Agricultural Act (hereinafter referred to as "land use register") for which a subsidy can be granted under § 18.
(2) The applicant shall indicate in the application for classification referred to in paragraph 1 the list and the area of all parts of the soil blocks managed in the organic farming system or, where appropriate, at the stage of the transitional period under the Organic Agriculture Act and kept in the land use register required to be included in the organic farming measure referred to in paragraph 1.
(3) The part of the soil block on which the organic farming measure is not yet applied and not applied may be included in the organic farming measure.
(a) follow-up measures for organic farming under Government Regulation No 331 / 2019 Coll., on the conditions for implementing the follow-up measure for organic farming,
(b) the measures provided for in Article 2 (a), (b) or (c) of Government Regulation No 75 / 2015 Coll., on the conditions for implementing agri-environmental climate measures and amending Government Regulation No 79 / 2007 Coll., or
(c) the measures provided for in Article 2 (a), (b) or (c) of Decree No. 330 / 2019 Coll., on the conditions for the implementation of successive agri-environmental climate measures.
(4) The application for inclusion is submitted to:
(a) the whole part of the soil block;
(b) a commitment period of five years starting on 1 January of the first year of the five-year commitment period (hereinafter referred to as "commitment") for which an application for inclusion is submitted.
(5) 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 4 (b).
(6) The Fund shall include the applicant in the organic farming measure if the conditions laid down in the Agriculture Act and this Regulation are met.
(7) In the period from the date of receipt of the application for inclusion until the date of inclusion of the applicant in the organic farming measure referred to in paragraph 6, the following shall not be allowed:
(a) add another part of the soil block to the application for inclusion; or
(b) in the application for inclusion, increase the area of the soil block part.
(8) The application referred to in paragraphs 1 and 4 may not be submitted to the Fund for a period beginning in 2020 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 Article 2 (a), (b) or (c) of Government Regulation No 75 / 2015 Coll., to the organic farming measure under this Regulation, it shall submit a new application for inclusion under Article 2.
(2) The applicant shall indicate in the application referred to in paragraph 1:
(a) all parts of soil blocks still included in organic farming measures under this Regulation;
(b) all parts of the soil blocks still included in the sub-measure of integrated production pursuant to § 2 (a), (b) or (c) of Government Regulation No 75 / 2015 Coll.,
(c) an increase in the area of the soil block part,
(d) reduction of the land block part classification;
(e) the part of the soil block which has not yet been included in the sub-measure of integrated production referred to in § 2 (a), (b) or (c) of Government Regulation No 75 / 2015 Coll., and the applicant requires it to be included in organic farming measures under this Regulation.
(3) The conditions laid down in paragraphs 4 and 5 shall apply mutatis mutandis at the request made pursuant to paragraphs 1 and 2.
(4) Where the conditions for transition referred to in paragraphs 1 and 2 and the conditions for inclusion in the organic farming measure referred to in Article 2 are fulfilled, the Fund shall include the applicant in the new commitment under Article 2 (6) in the organic farming measure.
(5) The application referred to in paragraph 1 may not be submitted to the Fund for a period beginning in 2020 and thereafter.
Increase of the declared area
(1) The applicant may request, during the duration of the undertaking, an increase in the area of the part of the soil block included in the organic farming measure or an increase in the area by the inclusion of a new part of the soil block. The area may be increased by a maximum of 35% of the total area included in the first year of the commitment referred to in Article 2 (6).
(2) An increase in the area by including a new part of the soil block referred to in paragraph 1 may only be made by including the whole part of the soil block.
(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 organic farming measure, 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, he shall submit a request for inclusion in the new undertaking in accordance with Article 2, requesting inclusion in the new undertaking. In this request, the soil block parts originally included in the organic farming measure and the additional area it requires to be included in the organic farming measure in a new commitment. The fulfilment of the conditions of the organic farming measure shall be assessed separately under the new commitment without reference to the original commitment. Failure to complete the original undertaking in this case shall not be deemed to have failed to comply with the conditions of this Regulation.
(7) An increase in the area included in the fifth year of the undertaking shall not be considered as an increase in the area of the land block part included in the measure referred to in Article 2 (6).
Reductions of the declared area
(1) During the duration of the undertaking, the applicant may request a reduction in the area of the soil block part or the exclusion of the soil block part included in the organic farming measure referred to in Article 2 (6).
(2) The application for a reduction of the allocated area referred to in paragraph 1 shall be submitted by the applicant to the Fund by means of an application for amendment of the inclusion on the Fund issued by the form at the latest.
(a) by 10 January of the following calendar year, where the reduction of the area took place within the period from the date of receipt of the application for aid under the organic farming measure by 31 December of the calendar year concerned; or
(b) by 15 May of the calendar year concerned, where the reduction of the area has taken place outside the period referred to in (a).
(3) The time limits referred to in paragraph 2 do not apply to notification of intervention by higher power (2). A request for a change of classification received after the deadline referred to in paragraph 2 (b). (a) the Fund shall reject it.
(4) The applicant shall indicate in the application for a reduction of the area included in the area concerned whether it requests a reduction of the area of the part of the soil block or the exclusion of the part of the soil block included in the organic farming measure due to:
(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) the loss of land use in land use records, up to a maximum of 25% of the total area of agricultural land included in the first year of the commitment to organic farming measures by decision pursuant to Article 2 (6); or
(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, to be included in the organic farming measure, taking into account the change in the area of agricultural land.
(6) If the Fund finds that there has been a reduction in the land use register or that the area included 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 calendar year of the commitment, the Fund shall decide on the inclusion in the organic farming measure, taking into account the change in the area of agricultural land or, where appropriate, the decommissioning 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 area allocated to it or that all the land use register areas included no longer fulfil 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 calendar year of the commitment, the Fund shall decide to exclude the applicant from the organic farming measure; the obligation to repay the subsidy is not affected.
Application for aid under organic farming measures
(1) The application for subsidy under the organic farming measure (hereinafter referred to as the "subsidy application") shall be submitted 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 calendar year for which the subsidy is to be granted.
(2) In the application for a subsidy referred to in paragraph 1, the applicant shall indicate for each part of the soil block whether it applies for a subsidy:
(a) under the conversion to organic production7);
1. if the part of the soil block is kept on the land use register for organic production from the date of receipt of the grant application until 31 December of the relevant calendar year, and
2. where the part of the soil block kept in the land use register is not at least 50% of its area under organic production arrangements, for at least one calendar day during the last 3 years before 15 May of the relevant calendar year in which the application for subsidy is submitted; or
(b) organic production;
1. if the part of the soil block is kept in the land use register for this scheme from the date of receipt of the subsidy application until 31 December of the relevant calendar year,
2. if the part of the soil block is kept on the date of receipt of the application for a subsidy under the organic conversion scheme and during the period from the date of receipt of the application for a subsidy until 31 December of the calendar year concerned, there shall be a change to the organic production scheme;
3. if the part of the soil block with a type of agricultural culture is permanent grassland, standard arable land, grassland or eel on the date of receipt of the application for a subsidy under the organic conversion scheme and has been kept in the land use register in the previous 2 consecutive years under the organic conversion scheme;
4. if the part of the soil block with a type of agricultural culture is fruit orchards, vineyards, hops or other permanent culture on the date of receipt of the application for a subsidy under the organic conversion scheme and has been kept in the land use register in the previous 3 consecutive years under the organic conversion scheme; or
5. if the part of the soil block is kept in the organic production conversion register from the date of receipt of the application for the subsidy until 31 December of the relevant calendar year and if the part of the soil block held in the land use register was at least 50% of its area under the organic production scheme, for at least one calendar day during the last 3 years before 15 May of the relevant calendar year in which the application for the subsidy is submitted.
(3) In the application for a subsidy for the relevant calendar year, the applicant shall indicate, for each part of the soil block, the type of agricultural culture for which the subsidy is requested and which is kept at the same time on the date of receipt of the subsidy application in the land use register. An application for a subsidy may be submitted for a part of a soil block with a type of agricultural culture
(a) permanent grassland;
(b) standard arable land;
(c) grassland,
(d) eel;
(e) fruit orchard,
(f) vineyards;
(g) hops; or
(h) other permanent culture; for this part of the soil block, an application for a subsidy may be submitted if an ecologically significant element of landscape-forming sets is simultaneously defined on the whole part of the soil block.
(4) The application for a subsidy for the relevant calendar year shall include:
(a) geospatial information on the parts of the soil blocks indicated by the applicant in the application, in a distinction between the parts of the soil blocks or parts thereof with the type of agricultural culture referred to in paragraph 3; 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.
(5) If the application for a grant is received after the deadline referred to in paragraph 1, the Fund shall reduce the grant under the conditions laid down directly by the applicable European Union8) or reject the request for a grant if necessary.
(6) Where the conversion period for organic production referred to in Article 36 (2) and (4) of Commission Regulation (EC) No 889 / 2008 is reduced during the calendar year concerned, the applicant shall be calculated in accordance with Article 18 for organic production, the reduction of the conversion period for the part of the soil block being considered not to fulfil the conditions laid down in this Regulation.
(7) Any modification of the subsidy application under the conditions laid down in the directly applicable European Union16) 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 commitment there has been a reduction in the area of agricultural land included in the organic farming measure for the reasons set out in points (a) to (e) of Article 5 (4), the subsidy shall be granted for the corresponding area of agricultural land subject to the change, in proportion to the length of the period for which it was kept in the land use register or the period ending on the date on which the event occurred pursuant to Article 5 (4) (c). The proportional amount of the subsidy shall not be granted on the basis of an area of agricultural land which is subject to a change if this area has not been applied to the applicant on the date of receipt of the grant application in the land use register.
(2) Where the applicant does not demonstrate that the agricultural land area included in the organic farming measure has been reduced during the commitment, for the reasons referred to in points (a) to (e) of Article 5 (4), or where he indicates the reason for the reduction referred to in point (f) of Article 5 (4), the subsidy shall be granted in proportion to the reduction of the agricultural land area, while at the same time the Fund shall decide on the reimbursement of the proportion of the subsidy granted since the beginning of the period of the commitment by which the original area has been reduced and on the possible exclusion of that area from the organic farming measure from the start of the commitment.
(3) Where the applicant submits an application for a reduction of an area classified in which the area of agricultural land included in the organic farming measure is reduced by all the area included or where the applicant requests exclusion from organic farming measures, the Fund shall decide to exclude the applicant from organic farming measures; the obligation to repay the subsidy or part thereof is not affected.
Transfer of the undertaking
(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 acquirer ') 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 acquirer in the land use register and undertakes in writing to continue fully the conditions of the organic farming measures, this shall not be considered as non-compliance with the conditions laid down for organic farming measures and the Fund for the reduction, non-granting or refund of the subsidy.
(2) Where, as a result of the transfer or the puck of a part or whole of a commercial plant, a reduction in the area of agricultural land for which a subsidy is granted under an organic farming measure is made, and the transferee of a part or all of the commercial plant notifies the Fund on the form issued by the Fund no later than 30 calendar days from the date of the 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 the fulfilment of the conditions of the organic farming measure on the acquired part of that commercial plant, the Fund shall not decide to reduce, non-grant or refund to the same extent.
(3) Where a transferee who is included in an organic farming measure undertakes in writing to continue to fulfil the conditions of that measure for the agricultural land covered by paragraph 1 or 2, a new application for inclusion shall no longer be made and Article 4 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 an organic farming measure for a shorter period than the agricultural land that the transferee had until the time of acquisition of the agricultural land referred to in paragraph 1 or 2, and the proportion of the agricultural land so acquired exceeds 35% of the area of agricultural land that the transferee had until the acquisition of the agricultural land referred to in paragraph 1 or 2 was included in that measure, the transferee shall indicate in the Fund the aggregate area of the agricultural land included in that measure, and the Fund provides in the new decision to include the date of commencement of the commitment corresponding to the calendar year when the newly acquired agricultural land was included by the original applicant in that measure;
(b) in other cases, the transferee shall indicate on the Fund issued the form a summary of the agricultural land included in the measure and the Fund shall set out in the new classification decision the starting date of the commitment corresponding to the calendar year in which the transferee was included in the measure.
(4) Where a acquirer not included in an organic farming measure undertakes in writing to continue to fulfil the conditions of that measure for the agricultural land area acquired pursuant to paragraph 1 or 2, he shall not submit a new application for inclusion but shall notify the Fund of this fact by means of a form issued by the Fund indicating the area included in that measure. The Fund sets out in the new decision to include the remaining part of the commitment period during which the acquirer will be included in the measure.
(5) Where an undertaking is transferred 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 4, during the remainder of the commitment as the sum of the amount not yet exhausted by the acquirer, the increase in the allocated area according to Article 4, and the proportion of the original applicant not yet exhausted by the increase referred to in Article 4, corresponding to the proportion of the allocated area transferred to the acquirer; the area increase limit for the original applicant is reduced accordingly,
(b) a reduction in the classification of the area referred to in Article 5 (4) (e), during the remaining part of the relevant five-year period as the sum of the amount not yet exhausted by the acquirer of the reduction assigned to the area referred to in Article 5 (4) (e), and the proportion of the original applicant of the reduction referred to in Article 5 (4) (e), corresponding to the proportion of the allocated area transferred to the acquirer; the area reduction limit for the original applicant is reduced accordingly.
(6) Where the transferee has committed in writing to continue fully to fulfil the conditions of this measure for the agricultural land covered by paragraph 1 or 2, and if, during the period for which the original applicant or the transferee has been included in that measure, the fund decides to refund the proportion of the subsidy to the transferee for the period to which the original applicant or transferee was assigned, except for the reasons referred to in paragraph 5 (4) (a) to (e).
(7) If, during the period during which the condition leading to the application of the procedure referred to in Part Three of this Regulation is found to be met, the transfer of the undertaking results from the facts referred to in paragraph 1 or 2, the procedure referred to in Part Three of this Regulation shall apply to the transferee only for part of the area of agricultural land obtained from the original applicant in the decision granting the subsidy. Non-compliance with the condition referred to in Article 11 (1) (e), (2) or (3) by the transferor or acquirer as a result of the facts referred to in paragraph 1 or (2) shall not be regarded as non-compliance with the condition leading to the procedure under Part Three 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.
General conditions for granting the subsidy
(1) The subsidy shall be granted in full to the applicant in accordance with Paragraph 18 where:
(a) is included in the organic farming measure referred to in Article 2 (6) and the part of the soil block mentioned in the application for inclusion is included in that measure,
(b) on the date on which the application for a subsidy is received, it shall not be accompanied by a conventional production scheme on agricultural land with the type of agricultural culture to which the subsidy may be granted pursuant to Article 6 (3);
(c) 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 laid down in the Government Regulation on rules on cross-compliance for farmers;
3. Conditions arising from Council Regulation (EC) No 834 / 2007, Commission Regulation (EC) No 889 / 2008 and the Organic Agriculture Act; and
4. other conditions laid down in this Regulation;
(d) in the case of the use of fertilisers and manure, the applicant shall keep a fertilisation 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;
(e) in the case of uses of plant protection products, the applicant shall keep records of the use of those products in accordance with the directly applicable European Union Regulation on the placing on the market of plant protection products (10) and shall keep such records for inspection purposes demonstrating the granting and use of the subsidy for at least 10 years;
(f) the Fund has not identified for the applicant, in the relevant calendar year, the non-compliance with the conditions of organic farming measures leading to a reduction, non-grant or refund; and
(g) The Fund has not identified for the applicant, in the relevant calendar year, the non-compliance with the agricultural management conditions for standard arable land laid down in the government regulation governing the details of land use records.
(2) In assessing the utilised area of agricultural land and the type of agricultural culture in accordance with the land use register, the relevant period shall be from the date of receipt of the subsidy application by 31 December of the relevant calendar year; non-compliance with the conditions of this Regulation shall not be deemed to result in a change in the type of agricultural culture from grassland referred to in Article 6 (3) (c) in the calendar year concerned:
(a) permanent grassland as referred to in Article 6 (3) (a); or
(b) the standard arable land referred to in Article 6 (3) (b), if it is changed after 31 August of the relevant calendar year.
(3) Where the applicant carries out an erosion in accordance with Article 3j of the Agriculture Act (hereinafter referred to as "the renewal ') on the part of the soil block with the type of agricultural culture of permanent grassland, he shall ensure that, by 31 August of the relevant calendar year, the relevant part of the soil block is accompanied by a continuous grassland and is:
(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.
(4) In the case of renewal pursuant to paragraph 3, where the date of implementation of the first crop before 31 August of the relevant calendar year is fixed by this Regulation, the first crop crop to protect the rising grassland before 31 August of the relevant calendar year shall be considered to comply with this condition.
(5) Where the applicant makes a change to the culture referred to in paragraph 2 (b) before 31 October of the relevant calendar year, the failure to carry out the second cleft shall not be considered as non-compliance with the conditions of this Regulation.
BLIER CONDITIONS FOR IMPLEMENTATION OF THE ECONOMIC AGRICULTURE MEASURES
Subsidy for agricultural land with a type of agricultural culture permanent grassland
(1) An applicant who indicates in the application for a subsidy in accordance with Article 6 (3) (a) the part of the soil block with the type of agricultural culture permanent grassland,
(a) ensure:
1. agricultural management by the implementation of the first biomass or grazing plant, in accordance with Article 7 of Decree No. 83 / 2023 Coll., laying down the conditions for the granting of direct payments to farmers under the conditions laid down in points (b) to (d), by 31 July of the relevant calendar year or by 31 August of the relevant calendar year, where the part of the land block which, according to the land use register, is at least 50% in the area referred to in § 2 (1) (a) (1) of the Government Regulation No 61 / 2023 Coll., lays down the conditions for the implementation of measures for areas with natural constraints; and
2. the implementation of the second moat with the removal of biomass or grazing by 31 October of the relevant calendar year at the latest, provided that the conditions for a given part of the soil block applied to the treatment of grassland are not provided for in Sections 18 and 19 of Government Regulation No 75 / 2015 Coll. or in Sections 15 and 16 of Government Regulation No 80 / 2023 Coll., on the conditions for the implementation of agri-environmental climate measures, otherwise,
(b) carry out, in the case of maintenance of permanent grassland by grazing, the destruction of the dodgages within 30 days of the end of the pasture or, in the case of year-round grazing, no later than 31 December of the calendar year concerned; This condition shall not apply to an area with an average gradient exceeding 10 ° and may be modified on the basis of a favourable opinion from the local competent nature conservation authority in specially protected areas (11), national parks protection zones (12) and Natura 200013 areas),
(c) does not carry out multivation, restoration of permanent grassland or adjunct to permanent grassland without a favourable opinion from the local competent nature conservation authority in specially protected territories (11), national parks protection zones (12) and Natura 200013 areas);
(d) may, in the case of the renewal of permanent grassland, replace the whole or pasture immediately prior to the restoration of permanent grassland by mulching no more than once every 5 years; This does not apply to the mulching of underpassports or additional mulching after the conditions have been met by the cutting, and
(e) each day of the control period from 1 June to 30 September of the relevant calendar year (hereinafter referred to as the "control period") meets the stocking density of livestock referred to in Annex 3 to this Regulation of at least 0,3 livestock units per hectare of agricultural land managed by the applicant and kept in the register of land use with a type of agricultural culture of permanent grassland, the area of the part of the soil block with the type of agricultural culture of permanent grassland shall not be included in the area of permanent grassland;
1. located at least 50% in areas 1 and 2 of the protected landscape areas, in small-area specially protected areas or in the concentrated nature care zones of national parks;
2. classified in the title according to § 2 (b) (6) to (8) of Decree of the Government No. 80 / 2023 Coll., and
3. classified in the title according to § 2 (d) points 6 to 8 of the Government Decree No. 75 / 2015 Coll.
(2) For the purposes of this Regulation, only animals of a species complying with the conditions laid down in Article 4 of the Organic Agriculture Act and Article 14 of Council Regulation (EC) No 834 / 2007 shall be considered as livestock as referred to in paragraph 1 (e), registered on holdings which are thus identified in the information system of the central register kept under the breeding law.
(3) Where the applicant holds horses during the control period, he shall deliver to the Fund before 31 October of the calendar year concerned for that control period:
(a) an electronic copy of the register of horses on the holding kept in the central registration information system under the breeding law; and
(b) an electronic declaration of horse breeding established on the basis of data from the equine register on the holding kept in the information system of the central register in accordance with the breeding law; the declaration of breeding of horses contains data on the number of breeding horses converted into livestock units in accordance with Annex 3 to this Regulation and the category of breeding horses.
(4) If the applicant does not deliver to the Fund a copy of the register of horses on the holding and of the declaration of horse rearing referred to in paragraph 3 within the prescribed time limit, horses shall not be taken into account in the calculation of the stocking density unless a situation justifying their taking into account is established on-the-spot checks.
(5) Intensity of livestock farming referred to in paragraph 1 (b) (e) for each day of the control period, shall be calculated as the proportion of the number of applicants of farmed livestock in accordance with paragraph 2 converted into livestock units as referred to in Annex 3 to this Regulation on the relevant date of the control period established from the central register information system kept under the breeding law or on-the-spot check, and, where applicable, in accordance with paragraphs 3 and 4, and the area of agricultural land managed by the applicant and kept in the land use register of the agricultural culture type of permanent grassland on the relevant date of the control period, the area of permanent grassland shall not include the area of the soil block with the agricultural type of permanent grassland;
(a) located at least 50% in areas 1 and 2 of the protected landscape area, in the small-area specially protected areas or in concentrated nature care zones in national parks;
(b) classified under the title under § 2 (b) (6) to (8) of Decree No 80 / 2023 Coll. and
c) classified in the title according to § 2 (d) (6) to (8) of Decree of the Government No 75 / 2015 Coll.
(6) The end of the pasture referred to in paragraph 1 (b) shall not take place if the pasture is interrupted for a maximum of 29 days.
(7) Non-compliance with the condition referred to in paragraph 1 (a) shall not be considered as a breach if the area concerned is left on the soil block under the Government Regulation governing direct payments to farmers.
Subsidy for agricultural land with a type of agricultural culture standard arable land
(1) An applicant who indicates in the subsidy application in accordance with Article 6 (3) (b) the part of the soil block with a type of agricultural culture standard arable land shall be required to indicate further in the subsidy application whether or not he requests a subsidy for that part of the soil block
(a) growing vegetables or special herbs;
(b) growing grass per seed;
(c) cultivation of other crops; or
(d) the cultivation of strawberry.
(2) The applicant shall, for a minimum of 20% of the area for which he applies for the subsidy referred to in paragraph 1 (a) or (c) or Article 11 (1) (a), (b) or (d) of the Government Regulation No 81 / 2023 Coll., laying down the conditions for the implementation of the organic farming measures or the agricultural eel culture under the transitional period for organic farming or under the organic farming scheme, registered to the applicant on the date of the application for the grant, shall, after the harvest of the crop referred to in paragraph 4 (a) or in paragraph 6 (a), improve the non-market crop-based crop referred to in Part A of Annex 6 to this Regulation; The applicant shall simultaneously base an improving non-market crop on the parts of the soil blocks or parts thereof on which the application is submitted in the relevant calendar year.
(a) with a summer variant improving non-market crops which are sown by 31 July of the relevant calendar year and retained on the part of the soil block or part thereof by 10 September of the relevant calendar year, during which period the crop may not be destroyed or reduced in growth; or
(b) with the autumn variety improving non-market crops which are sown by 6 September of the relevant calendar year and retained on the part of the soil block or part thereof by 31 October of the relevant calendar year, during which period the crop may not be destroyed or reduced in growth.
(3) The condition laid down in paragraph 2 of the part of the sentence before the semicolon shall not apply to an applicant applying for a subsidy under paragraph 1 (a) or (c) or under Paragraph 11 (1) (a), (b) or (d) of Decree No 81 / 2023 Coll. on an area of less than 5 hectares,
(a) the area of the agricultural eel culture under the transitional period scheme for organic farming or under the organic farming scheme registered to the applicant from the date on which the application for a subsidy was submitted before 15 August of the calendar year concerned may be counted against the area referred to in paragraph 2 of the part of the sentence before the semicolon;
(b) the area on which the applicant fulfils the protection belt condition referred to in § 2 (2) (e) or (g) to (l) of the Government Regulation No 73 / 2023 Coll., laying down rules on cross-compliance of payments to farmers, may be counted in the area referred to in paragraph 2 of the part of the sentence before the semicolon;
(c) the area to which the applicant applies for the subsidy pursuant to paragraph 1 (b) of Decree No 81 / 2023 Coll. may be included in the area referred to in paragraph 2 of the part of the sentence before the semicolon;
(d) if the applicant grows crops listed in part B Annex No 6 to this Regulation as crops referred to in paragraph 4 or 6 may be included in the area referred to in paragraph 2 of the part of the sentence before the semicolon where the applicant indicates in the subsidy application:
1. the part of the soil block or part thereof on which the crops listed in Part B of Annex 6 to this Regulation will be grown,
2. the area planted with the crops listed in Part B of Annex 6 to this Regulation; and
3. the geospatial information of the crop listed in Part B of Annex 6 to this Regulation; and
(e) if the applicant grows the crops listed in Part B of Annex 4 to Government Regulation No 81 / 2023 Coll. as referred to in paragraph 4 or 7, the area of the crops referred to in paragraph 2 of the part of the sentence before the semicolon may be counted, provided that the applicant indicates in the subsidy application:
1. part of the soil block or part thereof on which the crops listed in Part B of Annex 4 to Decree No 81 / 2023 Coll. will grow,
2. the area of cultivated crops listed in Part B of Annex 4 to Decree No 81 / 2023 Coll. and
3. geospatial information crops listed in Part B of Annex 4 to Government Decree No 81 / 2023 Coll.
(4) Applicant requesting a subsidy under paragraph 1 (a)
(a) only the supported vegetable species referred to in Annex 4 to this Regulation (hereinafter referred to as "the supported vegetable species") or the special plant species listed in Annex 5 to this Regulation (hereinafter referred to as "the supported type of herbs") shall be grown during the calendar year with the exception of improving non-market crops listed in Part A of Annex 6 to this Regulation, the aggregate area of the agricultural land to which the applicant grows the supported vegetable species or the supported type of herbs shall be at least equal to the area of the soil block part or part of that listed in the subsidy application;
(b) meet, in the relevant calendar year, the minimum sowing or planting requirements of the supported vegetable species set out in Annex 4 to this Regulation;
(c) in the case of growing the supported type of herbs, the continuously involved cover of the supported type of herbs on the part of the soil block or part thereof for which it applies for a subsidy in the relevant calendar year;
(d) may carry out grazing only after the harvest of the supported vegetable species or of the supported herb species; grazing on improving non-market crops is not permitted; and
(e) to harvest and remove production from the supported vegetable species or from the part of the soil block or part thereof by 31 December of the calendar year concerned, unless it is a multi-annual crop which does not provide harvesting in the year of sowing or planting.
(5) Applicant requesting a subsidy under paragraph 1 (b)
(a) cultivates on the whole or part of a part of a part of a soil block a monoculture of grass under Decree No. 129 / 2012 Coll., details of the marketing of seeds and propagating plants, as amended, from which it intends to obtain seed; and
(b) does not make a pasture on the part of the soil block or part thereof for which it applies for a subsidy in the relevant calendar year.
(6) Applicant requesting a subsidy under paragraph 1 (c)
(a) it shall not grow on the part of the soil block or part thereof of the grassland and crops listed in Annex 7 to this Regulation;
(b) harvest and remove the production of other crops from the part of the soil block or part thereof by 15 November of the relevant calendar year, unless it is a multi-annual crop which does not provide harvest in the year of sowing or planting; and
(c) may carry out grazing after the harvest of other crops; grazing on improving non-market crops is not allowed.
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Regulation Information
| Citation | Government Regulation No. 76 / 2015 Coll., on the conditions for implementing organic farming measures |
|---|---|
| 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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