Government Decree No. 79 / 2007 Coll.
Government Regulation on the conditions for implementing agri-environmental measures
Valid
Regulation
Effective from 20.04.2007
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79
GOVERNMENT REGULATION
of 11 April 2007
on the conditions for implementing agri-environmental measures
The Government hereby orders, pursuant to § 2c (5) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 85 / 2004 Coll., (hereinafter referred to as "the Act '), to implement § 2c (2) (b) of the Act 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.:
INTRODUCTORY PROVISIONS
Subject matter
This Regulation (1) regulates agri-environmental measures following the directly applicable rules of the European Communities (2) (hereinafter referred to as "the European Communities').
Agri-environment measures
Agri-environment measures shall include the following sub-measures:
(a) sub-coverage of environmentally sound practices which are subdivided into titles
1. organic farming,
2. integrated production,
(b) sub-coverage of the treatment of grassland that is subdivided into titles
1. meadows,
2. mesophilic and humid meadows,
3. mountain and dry meadows,
4. permanently wet and peat meadows,
5. bird sites on grassland - a mud nest,
6. bird sites on grassland - nesting ground of the field,
7. pastures,
8. species-rich pasture,
9. dry steppic lawns and moors,
(c) the coverage of landscape care, which is divided into titles
1. grubbing-up of arable land;
2. intercrop cultivation;
3. Bio-belts.
Application for inclusion in an agri-environmental measure
(1) An application for inclusion in an agri-environmental measure (hereinafter referred to as "an application for inclusion") may be submitted by a natural or legal person (hereinafter referred to as "the applicant") who:
(a) it shall farm and apply for classification at least for:
1. 0,5 ha of agricultural land registered in the register of use of agricultural land according to userrelations (3) (hereinafter referred to as "land register") per applicant, where an application for inclusion in the organic farming title referred to in Article 2 (a) (1) and management under the special legislation4),
2.1 ha of fruit orchards registered in the soil register per applicant, if the application is for inclusion in the integrated production title referred to in Article 2 (a) (2) and fruit cultivation,
3.0,5 ha of vineyards registered in the land register to the applicant, if the application for inclusion in the integrated production title referred to in Article 2 (a) (2) and the cultivation of vines,
4.0,5 ha of agricultural land kept in the soil register per applicant, if the application for inclusion in the integrated production title referred to in Article 2 (a) (2) and vegetable cultivation,
5. 5 ha of agricultural land registered in the soil register per applicant, if the application is for inclusion in the assessment of the treatment of grassland referred to in Article 2 (b),
6. 2 ha of agricultural land registered on the applicant's land register, if the application is for inclusion in the coverage of the treatment of grassland referred to in § 2 (b) and the agricultural land is situated in the national park or protected landscape area (5),
7. (c) point 1;
8. (c) point 2; or
9. 2 ha of agricultural land registered in the soil register per applicant, if the application for inclusion in the heading of the biofuels referred to in Article 2 (1) (b) is submitted. (c) point 3;
(b) fulfil the additional conditions for inclusion in the relevant agri-environmental measure laid down in this Regulation.
(2) The application for inclusion is submitted for a period of 5 years beginning on
(a) on 1 January of the first year of the five-year period for which an application for inclusion is submitted, if the agri-environment measures referred to in Article 2 are applied for, with the exception of agri-environmental measures referred to in Article 2 (2). (c) point 2 or 3;
(b) on 1 April of the first year of the five-year period for which an application for inclusion is submitted, if it is for agri-environmental measures under Article 2 (c) (2) or (3).
(3) 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 in respect of the calendar year concerned by 15 May of the first year of the five-year period concerned. Only one application for inclusion may be submitted in a calendar year.
(4) The Fund shall include the applicant in the relevant agri-environmental measure if the conditions laid down by law and by this Regulation are met.
(5) During the period from the date of submission of the application for inclusion until the date of inclusion of the applicant in the relevant agri-environmental measure referred to in paragraph 4, the following shall not be allowed:
(a) add another soil block or part thereof to the application for inclusion;
(b) in the application for inclusion, increase the area of the soil block or part thereof, as appropriate; in the case of agri-environmental measures referred to in Article 2 (c) (2), the required size may not be increased;
(c) amend, in the application for inclusion, the chosen conditions relating to the individual soil blocks and, where appropriate, their works;
(d) in the application for classification, if the agri-environment measure referred to in Articles 2 (b) or 2 (a) (2) applies, to reduce the area of the soil block or part thereof, or to discard the soil block or part thereof, if such a change does not result from changes in the land register.
(6) The application referred to in paragraphs 1 and 2 may not be submitted to the Fund for a period beginning in 2012 and thereafter, except for an application for inclusion in the title of grubbing-up of arable land referred to in Article 2 (2). (c) point 1. The application referred to in paragraphs 1 and 2 for inclusion in the title of grubbing-up of arable land referred to in Article 2 (1) (a) shall be submitted to the competent authority of the Member State of origin. (c) point (1) may not be submitted to the Fund for a period beginning in 2014 and thereafter.
Transfer of classification from integrated production to organic farming
(1) If, during the five-year period concerned, the applicant intends to transfer the classification under the title of integrated production with a vineyard culture or fruit orchards referred to in Articles 2 (a) (2) and 8 (1) (a) (1) and (2) to the heading of organic farming referred to in Article 2 (a) (1), it shall submit a new application for classification under paragraph 2.
(2) Where the applicant submits an application for inclusion pursuant to paragraph 1, he shall indicate in that application:
(a) all soil blocks, or parts thereof, classified under the title of integrated production with a vineyard culture or fruit orchards, including a designated area;
(b) all soil blocks and, where appropriate, their parts classified as organic farming, including the area included;
(c) a reduction in the land block area included, or part thereof, including, where appropriate, the reason for the reduction referred to in Article 5 (5);
(d) an increase in the land block area or part thereof, if any;
(e) soil blocks or parts thereof which have not yet been included in the title of integrated production with a vineyard culture or fruit orchards and which are required by the applicant to be classified as organic farming.
(3) The conditions laid down in paragraphs 3 and 5 shall apply mutatis mutandis at the request made pursuant to paragraphs 1 and 2. Where the applicant fulfils the conditions for inclusion in the organic farming title referred to in Article 7, the completion of the initial five-year period as integrated production as referred to in Articles 2 (a) (2) and 8 (1) (a) (1) and (2) shall not be considered a breach of the conditions.
(4) Where an applicant submits an application for inclusion in the calendar year referred to in paragraphs 1 to 3, an application for inclusion in the title of organic farming and integrated production may not be submitted in that calendar year under Paragraph 20.
(5) The application referred to in paragraphs 1 and 2 may not be submitted to the Fund for a period beginning in 2012 and thereafter.
Request for extension of the period of inclusion in the agri-environmental measure
(1) If the applicant intends to extend this period in the fifth year of inclusion in the agri-environmental measure,
(a) until 31 December 2013, if it is agri-environment measures under Article 2 (a) or (b); or
(b) by 31 March 2014, if it is agri-environment measures under Article 2 (c) (2) or (3);
submit an application for an extension of the period of inclusion in the agri-environmental measure ("the extension application ') referred to in paragraph 2. An application for extension may not be submitted for agri-environment measures under Section 2 (c) (1).
(2) The application for extension shall be submitted by the applicant to the Fund by the Fund for the form for the calendar year concerned by 30 November of the fifth year of the relevant five-year period. In the event that the applicant fails to deliver an application for an extension within that period of the Fund, the period shall apply for inclusion in the agri-environmental measure in accordance with Article 3 (2).
(3) The Fund shall include the applicant in the extended period referred to in paragraph 1 upon application under paragraph 2.
(4) The application referred to in paragraph 2 may not be submitted to the Fund for a period beginning in 2013 and thereafter.
Transfer of grassland classification
(1) If the applicant intends to change the classification as a submeasure of the treatment of grassland by meadow under § 2 (b). (b) point (1) in the title of pasture referred to in Article 2 (b) (7) may be done:
(a) only on the soil block, or part thereof, which is included in the title of meadow in the fifth year of the commitment under § 2 (b). (b) point (1) and at the same time more than 50% of the area is situated outside the specially protected territory (5), outside the protection zones of national parks (5) or outside the territory of the birds (5);
(b) only an application for an amendment to the classification submitted in the year immediately following the year in which the applicant has submitted an application for extension pursuant to § 3b (2) or an application pursuant to § 3d (2).
(2) The amount to be reported in column 060 of this row: (b) the conditions for the submission of an application for amendment of the classification referred to in Article 5 (9) shall apply mutatis mutandis.
(3) The Fund shall decide, on the basis of a request for a change in the classification referred to in paragraph 1 (b), to include the applicant in the extended commitment period in the title of pasture referred to in Article 2 (b) (7).
Application for extension of the period of inclusion in the agri-environmental measure in 2014
(1) If the applicant intends to extend this period during the last year of inclusion in the agri-environmental measure,
(a) 31 December 2014 if it is an agri-environment measure under Article 2 (a) or (b); or
(b) 31 March 2015, if it is agri-environment measures under Article 2 (c) (2) or (3);
submit an application for an extension of the period of inclusion in the agri-environmental measure for 2014 (hereinafter referred to as the "2014 extension application ') referred to in paragraph 2. The application for an extension for 2014 may not be submitted for agri-environment measures under Article 2 (c) (1).
(2) The application for an extension for 2014 shall be submitted by the applicant to the Fund by the Fund for the form for the calendar year concerned by 15 November 2013. In the event that the applicant fails to deliver an application for an extension for 2014 within that period, the period shall apply for inclusion in the agri-environmental measure in accordance with Article 3 (2).
(3) The Fund shall include the applicant in the extended period referred to in paragraph 1 upon application under paragraph 2.
Granting under the agri-environmental measure
(1) The application for grant under the agri-environmental measure concerned (hereinafter referred to as "grant application") shall be notified annually by the applicant to the Fund by the Fund in respect of the form issued for the calendar year concerned under the single application (6) by 15 May of the calendar year for which the grant is to be granted.
(2) The grant is granted in full (Paragraph 13) if:
(a) the applicant is included in the relevant agri-environmental measure;
(b) the application for the grant has been made in a timely, impeccable manner and contains the elements laid down in Article 3 (2) of the Act;
(c) the applicant undertakes to manage and manage in accordance with:
1. the requirements under the acts and standards for cross-compliance rules referred to in Annexes 1 to 4 to Government Regulation No 48 / 2017 Coll., on the establishment of requirements under the acts and standards of good agricultural and environmental status for areas of cross-compliance rules and the consequences of infringements for the granting of certain agricultural aid;
2. the conditions of the minimum requirements for the application of fertilisers in the agri-environmental measures referred to in Part A, Section I. (1) to (5) of Annex 3 to this Regulation on soil blocks or parts thereof registered in the soil register of the applicant, and
3. the conditions of the minimum requirements for the use of plant protection products (6a) in agri-environmental measures referred to in Part A, Section II (1) to (3) of Annex 3 to this Regulation on soil blocks or parts thereof registered in the soil register of the applicant,
and further comply with the other conditions laid down in this Regulation.
(d) in the case of application of fertiliser (7) and manure (8), the applicant shall keep a fertilisation register in accordance with specific legislation9;
(e) in the case of uses of plant protection products, the applicant keeps records (records) of the use of such products in accordance with the relevant European Union Regulation (10);
(f) the applicant shall ensure that the soil blocks and, where appropriate, their grass-growing parts are saved at least once a year or at least twice a year under the following conditions:
1. the first part, together with the removal of biomass, shall be carried out by 31 July of the calendar year at the latest, provided that the conditions on the area of the agri-environmental measure applied under this Regulation, under Government Regulation No 242 / 2004 Coll., on the conditions for implementing measures to promote the development of non-production functions of agriculture consisting of the protection of environmental components (on the implementation of agri-environmental measures), as amended, or under Section 18 or 19 of Government Regulation No 75 / 2015 Coll., on the conditions for the implementation of agri-environmental measures, provide otherwise;
2. the second part, together with the removal of biomass, shall be carried out no later than 31 October of the calendar year, provided that the conditions on the area of the agri-environmental measure applied under this Regulation, pursuant to Government Regulation No 242 / 2004 Coll. or according to § 18 or 19 of Decree No 75 / 2015 Coll. does not provide otherwise,
3. the postponement or omission of one of the axes referred to in point 1 or 2 is possible in order to maintain natural habitats or to protect rare organisms; The applicant must deliver to the Fund at the latest on the day on which the cleft referred to in point 1 or 2 was to be carried out,
(g) the Fund has not detected a breach of the conditions of the agri-environmental measure for the applicant leading to a reduction, failure to provide or refund in the year concerned; for the assessment of the agricultural land area and culture used according to the land register, the relevant period shall be from the date of submission of the application for grant until 31 December of the relevant calendar year and shall be the agri-environment measure referred to in Article 2 (1). (c) point (2) or (3), the period from the date of submission of the application for the grant until 31 March of the following calendar year; and
h) The Fund did not identify for the applicant in the relevant calendar year the non-compliance of the agricultural management of grassland provided for in § 7 (2) (c) and § 7 (3) of Decree No 50 / 2015 Coll.
(3) If the application for a subsidy is received after the deadline referred to in paragraph 1, the subsidy shall be reduced under the conditions laid down in the European Community Regulation (11) or, where appropriate, the application for a subsidy shall be rejected.
(4) If the applicant requests exclusion from the relevant agri-environmental measure, the Fund shall exclude the applicant, any obligation to repay the subsidy granted is without prejudice.
(5) Where the applicant carries out an erosion in accordance with Article 3i (b) of the Act (hereinafter referred to as "recovery ') on the soil block or part thereof, with the grass crop culture, he shall ensure that, by 31 August of the calendar year at the latest, there is a continuous grassland on the relevant soil block or part thereof, and
(a) the first cleavage along with the removal of biomass has been carried out; or
(b) a crop intended to protect the growing grassland has been harvested, if sown.
(6) Where this Regulation provides for the date of implementation of the first cleft before 31 August of the calendar year, the first cleavage, with the removal of biomass, or the harvest of crops intended to protect the growing grassland, shall be considered, in the case of renewal in accordance with paragraph 5, until 31 August of the calendar year, to comply with this condition.
(7) For areas identified as unsuitable for agri-environment measures in the land register, or for areas where none of the titles proposed in the context of the treatment of grassland from the point of view of landscape and nature protection and the applicant demonstrates this fact in the application for inclusion by the consent of the competent conservation authority (5), paragraph 2 (f) and point 9 of Annex No 2 to this Regulation shall not apply.
Change in area
(1) Save as otherwise provided for in this Regulation (Article 6 (5)), the applicant may, during the relevant five-year period, apply for an increase in the area of agricultural land included in the agri-environmental measure referred to in Article 2 (a) (1) or (2) (b) or (c) (3), but not more than 25% of the total area for each agri-environmental measure included in the relevant agri-environmental measure by decision pursuant to Article 3 (4). This limit shall be assessed separately under Article 8 (1) (a) (1), (2) or (3), as appropriate. The application for a change of classification shall be submitted by the applicant to the Fund in respect of the Fund, together with the application for the grant, but not later than 15 May of the calendar year concerned. For the purposes of this Regulation, the implementation of a change in land register pursuant to § 3h or 3p of the Act shall not be regarded as an increase in the area of a single soil block or, where applicable, its part included in the agri-environmental measure.
(2) An increase in the area already included in the relevant agri-environmental measure referred to in paragraph 1 may not be made in the fifth year of the relevant five-year period.
(3) If, during the five-year period concerned, the applicant is interested in the inclusion of an additional measure in the relevant agri-environmental measure referred to in paragraph 1, to an extent exceeding the limit referred to in paragraph 1, or is interested in an increase in the area already included in the agri-environmental measure in the fifth year of the relevant five-year period, he shall submit a new application for classification in accordance with Article 3, indicating the area originally included in that measure and the additional area which he requires to include in that measure for a new five-year period, together with the area initially included. Where the applicant fulfils the conditions for inclusion in the relevant agri-environmental measure, compliance with the conditions of the measure shall be assessed for the area included in the new five-year period and in relation to the original five-year period not completed, and the completion of the initial five-year period shall in this case not be considered as a breach of the conditions of this Regulation. Where an applicant has submitted an application for inclusion in an agri-environmental measure pursuant to Article 2 (b) under this paragraph, the obligation to fulfil the conditions under which it was included in that measure pursuant to Article 3 (4) shall continue to apply in respect of individual soil blocks or parts thereof.
(4) If, during the five-year period concerned, the applicant is interested in the inclusion of an additional area for which an agri-environment subsidy is already granted pursuant to Article 2 (1) (a) of Regulation (EU) No 1308 / 2013. (c) point (1), it shall submit a new application for inclusion for the new five-year period. The fulfilment of the conditions of the relevant agri-environmental measure shall be assessed separately for the additional area covered by the new five-year period.
(5) Where the applicant demonstrates that during the relevant five-year period the area of agricultural land included in the relevant agri-environmental measure has been reduced
(a) restitution or property settlement with churches and religious societies 12),
(b) the implementation of the land modification (13);
(c) intervention of higher moci14);
(d) the first afforestation of agricultural land on the soil block or its workshop (15);
(e) the establishment of a building in the public interest (16);
(f) the loss of land use in the land register, but not more than 15% of the total area of agricultural land included in this measure in the decision referred to in Article 3 (4) in the case of the inclusion of the applicant by 2011 inclusive, or 10% of the total area of agricultural land included in that measure in the decision referred to in Article 3 (4) in the case of the inclusion of the applicant from 2012 onwards, unless otherwise provided for in this Regulation (Article 6 (5); the reduction in the area referred to in points (a) to (f) and (h) shall not be taken into account;
(g) the termination of the agri-environmental measure in the extended period of classification pursuant to Article 3b (1), but not more than 6% of the total area of agricultural land included in that measure in the decision referred to in Article 3 (4), where the extension of the commitment has been extended by 2 years or up to 3% of the total area of agricultural land included in that measure in the decision referred to in Article 3 (4), unless otherwise provided for in this Regulation (Article 6 (5)); the reduction of the area referred to in points (a) to (g) shall not be taken into account; or
(h) the cessation of agri-environmental measures in the extended period of classification referred to in Article 3d (1), but not more than 29% of the total area of agricultural land included in that measure in the decision referred to in Article 3 (4), unless otherwise provided for in this Regulation (Article 6 (5)); the reduction in the area referred to in points (a) to (h) shall not be taken into account;
the amount of the subsidy shall be adjusted in accordance with paragraph 6 and this shall not constitute a reason for the reduction, failure to grant or refund of the subsidy referred to in paragraph 7.
(6) If, during the relevant five-year period, the applicant has reduced the area of agricultural land referred to in paragraph 5, 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 registered in the land register or the period ending on the date on which the event referred to in paragraph 5 (c) occurred; the proportional amount of the subsidy shall not be granted for the area of agricultural land subject to the change if the applicant did not have such an area registered on the date on which the application for a grant was submitted in the land register.
(7) If, during the five-year period in question, the applicant has reduced the area of agricultural land, the subsidy shall be granted in proportion to the proportion corresponding to the reduction of the area of agricultural land, if not the reduction referred to in paragraph 5, and the Fund shall decide on the reimbursement of the proportion of the subsidy granted since the beginning of the five-year period in question for the area for which the original area has been reduced and, where appropriate, the exclusion of that area from the relevant agri-environmental measure from the beginning of the five-year period in question.
(8) The applicant shall submit to the Fund an application for a reduction in the allocated area of agricultural land if the reduction in the area of agricultural land included in the relevant agri-environmental measure is due to the facts referred to in paragraph 5 or 7.
(a) during the period from the date of submission of the application for the grant until 31 December of the calendar year concerned, not later than 10 January of the following calendar year for the measure referred to in Article 2 (a), (b) or (c) (1); or
(b) during the period from the date of submission of the application for the grant by 31 March of the following calendar year, and not later than 30 April of the following calendar year, for the measure referred to in Article 2 (1) (b). (c) points 2 or 3.
A request submitted after that date, if not for an application pursuant to paragraph 9, shall be rejected by the Fund. Where an applicant submits an application for reduction of the allocated area of agricultural land as a result of the facts referred to in paragraph 5, he shall no longer submit an application for modification of the application for the grant of the relevant calendar year. The time limits referred to in this paragraph shall not apply to notifications of intervention of a higher power (14).
(9) The applicant shall submit to the Fund, at the same time as the application for the grant for the relevant calendar year, an application for a change in classification indicating the required increase in the allocated area of agricultural land referred to in paragraph 1 and the reduction in the allocated area of agricultural land as a result of the facts referred to in paragraph 5 or 7, with the exception of the reduction notified within the time limit referred to in paragraph 8.
(10) The Fund shall decide, on the basis of a request for a change in classification submitted pursuant to paragraphs 1, 8 or 9, to be included in an agri-environmental measure taking into account the change in the area of agricultural land. Where the applicant submits an application for an area change reducing the area of agricultural land included in the relevant agri-environmental measure referred to in paragraphs 5, 6 or 7, the Fund shall decide to exclude the applicant from the relevant agri-environmental measure; any obligation to return the subsidy or part thereof is not affected.
Transfer and transition to agri-environmental measures
(1) Where the conditions of the relevant agri-environmental measure are not met as a result of the cessation of the agricultural activity of a natural person or the disappearance of a legal person without liquidation17) which is an applicant, the reduction, non-grant or refund of the subsidy shall not be carried out if the legal successor of that person or a new farmer of agricultural land previously managed by the applicant (the acquirer) undertakes in writing to continue fully the conditions of the agri-environmental measure concerned.
(2) If, during the relevant five-year period, the applicant has reduced the area of agricultural land to which a subsidy is granted under the relevant agri-environmental measure due to the transfer, lease or sale of a part or a whole of the enterprise (18), the reduction, non-grant or refund of the subsidy shall not be carried out if the acquirer or the lessee of the part or the whole undertaking of the applicant continues to fulfil the conditions of the relevant agri-environmental measure on the part of the holding acquired to the same extent and if the applicant in writing considers that the transferor transferor, in the case of the transfer of a part of that undertaking, the undertaking will continue to fulfil the conditions of the relevant agri-environmental measure for the non-transferred part of the undertaking.
(3) If the acquirer or lessee already included in the relevant agri-environmental measure undertakes in writing to continue to fulfil the conditions of that agri-environmental measure on the agricultural land area acquired pursuant to paragraph 1 or 2, he shall not submit a new application for inclusion (§ 3) but shall notify the Fund on the form issued by the Fund,
(a) the measure acquired pursuant to paragraph 1 or 2 shall not be subject to the provisions of paragraphs 1 to 4 of Article 5;
(b) if the agricultural land acquired under paragraph 1 or 2 is included in the relevant agri-environmental measure under Article 2 (a) or (b) or under Article 2 (b). (c) point (2) or (3) for a shorter period than the agricultural land held by the transferee or lessee before the acquisition of the agricultural land referred to in paragraph 1 or 2 included in that measure, and at the same time the proportion of the agricultural land so acquired exceeds 25% of the area of agricultural land that the transferee or lessee had until the acquisition of the agricultural land referred to in paragraph 1 or 2 included in that measure, the transferee or lessee shall indicate in the Fund the aggregated area of the agricultural land included in that measure, and the Fund shall set out in the new decision on the inclusion of the start of the five-year corresponding to the calendar year when the newly acquired agricultural land was included to the original applicant in that measure;
(c) in other cases, the transferee or lessee shall indicate on the Fund issued the form the aggregate area of agricultural land included in the measure and the Fund shall set in the new classification decision the date of the start of the five-year period corresponding to the calendar year in which the transferee or lessee was included in the measure.
(4) If the acquirer or lessee not included in the relevant agri-environmental measure undertakes in writing to continue to fulfil the conditions of that agri-environmental measure for the agricultural land area acquired pursuant to paragraph 1 or 2, he shall not submit a new application for inclusion (Paragraph 3), but shall notify the Fund of this fact on a form issued by the Fund indicating the area included in that agri-environmental measure and the Fund shall set out in a new decision to include the remainder of the period during which the acquirer or lessee will be included in that measure.
(5) Where the transfer or transfer of obligations resulting from the conditions of inclusion in the relevant agri-environmental measure is carried out as a result of the facts referred to in paragraph 1 or 2, provision shall be made for:
(a) the area of agricultural land which may be subject to an increase in the allocated area referred to in Article 5 (1) during the remaining part of the relevant five-year period as the sum of the amount not yet exhausted by the acquirer and the percentage by the transferor of the amount not yet exhausted pursuant to Article 5 (1) corresponding to the proportion of the allocated area transferred to the acquirer; the limit of the increase in the area for the converter is reduced accordingly,
(b) the area of agricultural land which may be subject to a reduction in the allocated area referred to in Article 5 (5) (g) during the remaining part of the relevant five-year period as the sum of the total of the amount not yet exhausted by the acquirer of the reduced area referred to in Article 5 (5) (g) and the proportion of the share by the transferor of the previously unused reduction limit referred to in Article 5 (5) (g) corresponding to the proportion of the allocated area transferred to the acquirer; the limit on the reduction of the area for the transferor is reduced accordingly;
(c) the area of agricultural land which may be subject to a reduction in the allocated area referred to in Article 5 (5) (h) or (i) during the remaining part of the extended period concerned as the sum of the total of the previously unused reduction limit of the allocated area referred to in Article 5 (5) (h) or (i) and the proportional part of the transferred amount by the transferor not used in accordance with Article 5 (5) (h) or (i) respectively; the limit of the area reduction for the converter is reduced accordingly.
(6) Where the transferee or lessee has undertaken in writing to continue fully to fulfil the conditions of the agri-environmental measure in question for the agricultural land area referred to in paragraph 1 or 2 and has, during the period for which the original applicant or the transferee or the lessee has been included in that agri-environmental measure, to reduce the allocated area of the agricultural land referred to in Article 5 (7) or to infringe other conditions of the agri-environmental measure on the agricultural land for which the grant has been granted, the Fund shall decide on the repayment of the proportion of the subsidy by the acquirer for the period for which the original applicant or the transferee or the lessee.
(7) If, during the relevant period where any breach of the condition of the applicant is found to result in the application of the procedure under § 14 to 19, the transfer or transfer of classification into the relevant agri-environmental measure is due to the facts referred to in paragraph 1 or 2, the procedure provided for in § 14 to 19 shall apply in the context of the decision granting the subsidy to the acquirer or lessee only to a part of the enterprise (s) obtained from the original applicant. Failure by the transferor or acquirer to comply with the condition set out in Article 7 (5) or Article 9 (6) (a) or (b) as a result of the facts referred to in paragraphs 1 or 2 shall not be considered as a breach resulting in a procedure under Article 14 to 19 if the infringement persists for a maximum period of 15 days before or after the date on which the transferor acquired the agricultural land in the land register.
(8) If the Fund finds a breach of the condition of the relevant agri-environmental measure resulting in a refund of the subsidy already granted, the refund of the subsidy shall be applied to a maximum of 4 calendar years in the case of five-year commitments, 5 calendar years in the case of six-year extended commitments, 6 calendar years in the case of seven-year extended commitments or 7 calendar years in the case of eight-year extended commitments immediately preceding the year in which the infringement occurred; in the event of a breach of the condition of the agri-environmental measure concerned after the expiry of the relevant five-year period, the penalty shall apply to a subsidy granted for a maximum of five calendar years in the case of five-year commitments, six calendar years in the case of six-year extended commitments, seven calendar years in the case of seven-year extended commitments or eight calendar years in the case of eight-year extended commitments.
BLIER CONDITIONS FOR IMPLEMENTATION OF AGROENVIRONMENTAL MEASURES
Underpinning environmental procedures
Title of organic farming
(1) An application for inclusion in the organic farming title may be submitted by an applicant who is registered in the organic farming system on the date on which the application for inclusion is submitted in accordance with the specific legislation19).
(2) The applicant shall indicate in the application referred to in paragraph 1 a list of the soil blocks and, where appropriate, of their areas of area managed by the organic farming system or, where appropriate, at the stage of the transitional period under organic farming (4) and registered in the land register, which it requires to be classified as organic farming under paragraph 1.
(3) A soil block, or part thereof, on which it is not, may be included in the organic farming title
(a) this title is applied;
(b) the agri-environment measure referred to in Article 2 (a) (2) is applied and is not required by the applicant to include it in that measure;
(c) the agri-environment measure pursuant to § 2 (1) (a) or (e) of Government Decree No. 242 / 2004 Coll.
(4) The applicant, throughout the five-year period in which it is classified as organic farming,
(a) meet, for the whole area of agricultural land under organic farming, the conditions resulting from the specific legislation4);
(b) it must be registered in the organic farming system in accordance with the specific legislation19; in the first year of the five-year period, the applicant must be registered on the date of the application for inclusion.
(5) The applicant applying for a grassland subsidy must comply with:
(a) the stocking density of the livestock referred to in Annex 4 to this Regulation each day from 1 June to 31 August of the relevant calendar year (hereinafter referred to as the "control period") of at least 0,2 livestock units per hectare of grassland managed by the applicant and registered in the land register,
(b) the stocking density of the livestock referred to in Annex 4 to this Regulation each day in a control period of not more than 1,5 livestock units per hectare of agricultural land managed by the applicant and registered in the land register.
(6) Where the applicant maintains a horse during the control period, the Fund shall, by 31 October of the relevant calendar year, deliver a copy of the register (20), together with the completed form issued by the Fund, indicating the number of horses kept converted into livestock units in accordance with Annex 4 to this Regulation; the applicant is required to indicate the number of horses kept in the category referred to in Annex 4 to this Regulation on 1 June of the relevant calendar year and any subsequent change in the number and category of horses kept in the control period. Unless otherwise established by an on-the-spot check, the number of horses kept on the farm as referred to in paragraph 5 shall be used for the purpose of determining the stocking density of livestock referred to in paragraph 5 (20), as converted into livestock units as referred to in Annex 4 to this Regulation on each day of the control period; the number and category of horses kept on the relevant date of the control period shall be deemed to correspond to the number and category of horses referred to on 1 June of the relevant calendar year or, where applicable, the date of the notified change of status immediately preceding the relevant date.
(7) In the application for a subsidy for the relevant calendar year, the applicant shall, for each soil block or part thereof, indicate the agricultural culture for which he is applying for the subsidy and which is also registered on the date on which the application for a subsidy is submitted in the land register. If the soil block or part thereof with a culture of arable land are concerned, the applicant shall indicate whether he or she will grow on that soil block or part thereof.
(a) the special herbs listed in Annex 1 to this Regulation;
(b) the vegetables listed in Annex 1 to this Regulation;
(c) other arable crops not listed in Annex 1 to this Regulation;
where the applicant submits an application for inclusion in an agri-environmental measure in the relevant calendar year pursuant to Article 2 (2) (b). (c) point (1) shall indicate in the application for the grant referred to in this paragraph the arable land culture referred to in point (c) and shall also require a subsidy for that culture during the year concerned.
(8) The application for a subsidy for the calendar year in question shall include a sketch of the respective soil blocks or parts thereof on the soil block map or parts thereof, where appropriate, in a distinction to soil blocks or, where appropriate, agricultural cultured parts or crops referred to in paragraph 7.
(9) In the application for a subsidy for the relevant calendar year, the applicant shall indicate, for each soil block or part thereof with the agricultural culture of the orchards, whether it applies for a subsidy for the culture of orchards referred to in Article 13 (1) (f) or Article 13 (1) (g).
(10) The applicant applying for a subsidy for orchards must carry out:
(a) to the extent appropriate to the cultivation technology used, a regular cut to illuminate the crowns of fruit trees and fruit shrubs until 15 August of the relevant calendar year;
(b) regular milling or mulling of herbal cover, including by midline and by-pass belt, by 15 August of the relevant calendar year, provided that there is an herb cover on the soil block or part thereof, or a pasture with the trimming of the neoplasms, including the glassware in the intermediate line and the ancillary belt, by 15 August of the relevant calendar year, provided that the herb is covered on the soil block or part thereof.
(11) The applicant shall ensure, throughout the period of the obligation on the soil block and, where appropriate, part thereof in that title, or for which an application for inclusion in that title has been submitted and registered in the register of crops of fruit orchards on which no culture of fruit orchards existed before 1 October 2011,
(a) that the planted fruit trees and shrubs are planted with propagating material of the fruit tree or shrub variety in accordance with the Law on the circulation of seeds and seedlings (44), except for the rootstock;
(b) support for fruit trees for new planting;
(c) effective protection against the sieve of fruit trees.
Integrated production title
(1) The applicant shall indicate in the application for inclusion in the title of integrated production:
(a) a list of all soil blocks managed by it, or parts thereof registered in the cultural land register;
1. vineyards,
2. fruit orchards on which one of the types of fruit trees or, where appropriate, of the fruit shrubs listed in Annex 5 to this Regulation are grown, and, where appropriate,
3. arable land on which it intends to grow one of the vegetables listed in Annex 6 to this Regulation during the five-year period concerned,
(b) the area of individual soil blocks or parts thereof registered in the land register in the case of (a) (1) to (3).
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Regulation Information
| Citation | Government Decree No. 79 / 2007 Coll., on the conditions for implementing agri-environment measures |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.04.2007 |
|---|---|
| Effective from | 20.04.2007 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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