Government Decree No. 80 / 2007 Coll.
Government regulation on certain conditions for granting payment for energy crops
Valid
Regulation
Effective from 20.04.2007
80
GOVERNMENT REGULATION
of 11 April 2007
laying down certain conditions for granting the payment for energy crops
The Government orders pursuant to § 2b (2) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 128 / 2003 Coll. and Act No. 441 / 2005 Coll., hereinafter referred to as "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.:
Subject matter
This Regulation (1) provides for certain conditions for granting payment for the cultivation of energy crops (hereinafter referred to as "payment ') to the State Agricultural Intervention Fund (hereinafter referred to as" the Fund'), following the directly applicable rules of the European Community2.
Applicant for payment
The applicant for payment shall be the natural or legal person managing the agricultural land registered to him in the register of use of the agricultural land according to the user relations (Sections 3a and 3b of the Act) (hereinafter referred to as "the register '), which shall deliver to the Fund on the form issued by him an application for payment for the relevant calendar year (hereinafter referred to as" the application').
Application for payment
(1) The application contains, in addition to the formalities laid down directly by the applicable European CommunityRegulation (4).
(a) the list and area of all soil blocks (Section 3a (3) of the Act), or parts of soil blocks (Section 3a (4) of the Act) of agricultural land registered in the register of applicants (4);
(b) the identification and use of all the soil blocks or parts of soil blocks referred to in (a) concerned by the application;
(c) the area area of the energy crop grown on soil blocks or parts of soil blocks covered by the application, where appropriate;
(d) a declaration by the applicant that it undertakes to comply with the conditions of good agricultural and environmental condition (Section 7) throughout the calendar year on all soil blocks or parts of soil blocks registered in the applicant's register,
(e) an indication of the type of energy crop which the applicant intends to grow on the soil block or part of the soil block referred to in points (b) and (c), as appropriate;
(f) the estimated date of the first harvest of the energy crop which the applicant intends to grow on the soil blocks or parts of soil blocks referred to in points (b) and (c), as appropriate;
(g) the contract for the supply of the energy crop concluded by the applicant with the collector or first processor, as the case may be, in particular for each type of energy crop, or a certified copy thereof.
(2) An integral part of the application shall be a plot of areas planted or sown with energy crops referred to in paragraph 1 on a map of soil blocks or parts of soil blocks, of a scale of 1: 10 000 or more.
(3) Where the applicant grows hemp on one of the soil blocks or on one of the parts of the soil blocks referred to in the application (6), he shall add to the application a certificate of recognition (7) for the certification of hemp seed; the applicant shall also attach to the application a declaration by which he or she undertakes to notify the Fund without delay of the start of the flowering of hemp on the relevant soil block or part of the soil block referred to in the application.
(4) If the applicant grows an energy crop which is not one-year-old, it shall deliver to the Fund:
(a) the application for each calendar year of cultivation of the energy crop, including the calendar year in which the energy crop is harvested;
(b) the contract referred to in paragraph 1 (g) only in the relevant first calendar year of cultivation of the energy crop.
(5) Where the applicant cultivates and uses an energy crop as a raw material on his or her own holding in accordance with the directly applicable European Community Regulation (7a) or, where applicable, the energy crop listed in the Annex to this Regulation, the proof of the acquisition of the energy plant on his or her own holding and, where appropriate, an officially certified copy thereof, including the technical documentation demonstrating the possibility of processing the energy crop in that establishment; in this case, the applicant shall not support the application under paragraph 1 (g).
(6) The applicant shall deliver the application to the Fund by 15 May of the relevant calendar year.
(7) Payment applications cannot be submitted from 2010.
Representative yield
The Fund shall publish the representative yield of the energy production8) for which the applicant applies for payment by 30 June of the relevant calendar year in at least one national logbook and in a way that allows remote access.
Security
Buyers or first processors, where appropriate, shall not lodge a guarantee to the Fund for the calendar year in question, provided that its amount does not exceed EUR 500).
Conditions for payment
(1) The Fund shall grant the applicant a payment for agricultural land which is:
(a) registered in the register and fulfils the conditions for payment under the directly applicable regulation of the European Communities (10);
(b) registered in the applicant's register at least from the date of receipt of the Fund's application by 31 August of the relevant calendar year;
(c) the applicant shall be farmed on an agricultural basis in the relevant calendar year as long as it is registered in the register of the applicant referred to in (a);
(d) maintained under good agricultural and environmental conditions (Section 7) throughout the calendar year concerned.
(2) The Fund shall provide the applicant with payment if the applicant or collector or first processor, as appropriate, delivers a declaration to the Fund by 30 November of the relevant calendar year in accordance with the directly applicable European Communities11) on a form issued by the Fund; in the case of sugar beet harvesting, the applicant or collector or, where applicable, the first processor of the Fund shall deliver this declaration by 31 January of the year following the year of application.
(3) Where an applicant cultivates and uses an energy crop as a raw material on his or her own holding in accordance with the directly applicable regulation of the European Communities (7a) or, where applicable, the energy crop listed in the Annex to this Regulation,
(a) deliver a declaration to the Fund by 30 November of the relevant calendar year in accordance with the directly applicable European Communities Regulation (12) on the form issued by the Fund; in the case of beet harvesting, the applicant shall deliver this declaration to the Fund by 31 January of the year following the year of the application;
(b) process this energy raw material no later than 31 July of the second year following the year of harvest.
(4) Where the applicant cultivates an energy crop which is not one-year-old, the Fund shall, in the absence of the relevant calendar year in which the energy crop is harvested, make the payment in accordance with the directly applicable provisions of the European Community13).
(5) The minimum area (14) eligible for payment is at least 1 hectare of agricultural land; data recorded in the register shall be decisive for determining the area.
(6) Payment may not be granted for growing plants which, under special legislation15) distort the function of the ecosystem and may cause economic damage.
(7) The Fund grants payment to the applicant who grows and uses the energy crop as a raw material on his own economy under the directly applicable Regulation of the European Communities (15a), if, on a form issued by the Fund, he maintains:
(a) records of the quantity and type of energy crop harvested broken down by individual soil block or part of the soil block on which the harvested energy crop used as raw material has been grown;
(b) for each previous calendar month, records of:
1. the quantity and type of processed energy crop used as raw material; or
2. the quantity and type of processed energy crop used as raw material and the quantity and type of biofuel produced and its use where the raw material has been used in the production of transport biofuels; or
3. the quantity and type of processed energy crop used as raw material and the amount of electricity produced where the raw material has been used in the production of electricity.
(8) The Fund grants payment to the applicant who grows and uses the energy crop as a raw material on his own farm under the directly applicable Regulation of the European Communities (15a) if he undertakes not to spread the cultivated energy crop listed in the Annex to this Regulation outside the crop area.
(9) The Fund shall make the payment in full, unless the fact leading to a reduction or, where appropriate, a non-payment under the directly applicable Regulation of the European Communities2), or under Paragraph 9, where the applicant fulfils the conditions laid down in paragraphs 1, 2, 7 and 8 and complies with the good agricultural and environmental condition referred to in Article 7 throughout the relevant calendar year on all soil blocks or parts of soil blocks registered in the applicant register (16).
(10) The Fund shall publish the payment rate for the relevant calendar year by 30 November of the relevant calendar year in at least one national logbook and in a way that allows remote access, unless the Commission of the European Communities has communicated the information necessary for the publication of the payment rate at a later date.
Conditions of good agricultural and environmental condition
The conditions of good agricultural and environmental condition are fulfilled if:
(a) the landscape elements, which are boundaries, terraces, groups of trees, tree lines and grasses, shall not be deleted;
(b) the cultivation of maize, potatoes, beet, beet, soya and sunflower on soil blocks, or parts of soil blocks, with an average inclination exceeding 12 degrees is excluded;
(c) slurry or slurry shall be incorporated into the soil no more than 24 hours after application, except for line fertilisation by hose applicators, on soil blocks or parts of soil blocks, with a registered agricultural culture of arable land and with an average gradient exceeding 3 degrees, unless such application is excluded by special legislation17);
(d) there has been no change in the agricultural culture of grassland to the agricultural culture of arable land;
(e) there has been no burning of herbal residues on soil blocks, or on soil block parts.
Provision of information to the Fund by collectors or first processors as appropriate
(1) Buyer or first processor, as appropriate, shall provide the Fund with information on the place of processing of the energy crop supplied by the applicant on the form issued by the Fund not later than 15 May in the first calendar year of processing of the energy crop or, where appropriate, by that date in the calendar year in which it changed the place of processing.
(2) Buyer or first processor, where appropriate, shall keep records, in accordance with the calendar month of the calendar year concerned, covering the data under the directly applicable European Commonwealth Regulation (21), including the date of generation of waste during processing and the date of disposal, separately by type of energy crops, products, semi-finished products and by-products.
Refusal, reduction or non-payment
(1) Where the area of agricultural land on which the applicant has fulfilled the conditions for payment is lower than that indicated in his application, the Fund shall, in accordance with the directly applicable rules of the European Communities, reduce or not grant the payment to the applicant.
(2) If the Fund finds that the applicant has served the application after the time limit laid down in Article 3 (6) or, where appropriate, the amendment of the application after the time limit laid down in the directly applicable European Community Regulation (23), the payment shall be reduced or rejected by the applicant, in accordance with the provisions of directly applicable European Communities (23).
(3) If the applicant delivers the declaration referred to in Articles 6 (2) and 6 (3) (a) after a specified period, but no later than 25 calendar days after the expiry of that period, the Fund will grant him a payment reduced by 1% of the total amount of the payment concerned for each working day of delay in submitting the declaration referred to in Article 6 (2) and Article 6 (3) (a), the Fund will reject the application for payment if the applicant receives the declaration referred to in Articles 6 (2) and 6 (3) (a).
(4) If the Fund finds that the applicant has not indicated in the application the area of all the soil blocks or parts of soil blocks registered in the applicant's register (4) and the difference between the total area of all the soil blocks or parts of soil blocks registered in the applicant's register on the date on which the application was submitted and the total area of soil blocks or, where applicable, of the soil blocks indicated in the application is:
(a) more than 3% but less than or equal to 4% of the area indicated in the application, reduce the payment by 1% 24),
(b) higher than 4% but less than or equal to 5% of the area indicated in the application, reduce the payment by 2% 24),
(c) higher than 5%, reduce payment by 3% 24).
(5) If the Fund finds that an applicant who cultivates and uses an energy crop as a raw material on his or her own economy pursuant to the directly applicable provisions of the European Community7a) does not keep records pursuant to Paragraph 6 (7), it shall not make payment to the applicant.
(6) If the Fund finds that the applicant who cultivates and uses the energy crop as a raw material on his or her own economy has not complied with the condition set out in Article 6 (8), it shall reduce the payment by 10%.
Efficacy
This Regulation shall enter into force on 20 April 2007.
Prime Minister:
Ing. Topolánek v. r.
Minister for Agriculture:
Mgr. Gandalovich v. r.
Annex to Government Decree No. 80 / 2007 Coll.
List of energy crops referred to in Article 3 (5)
| laskavec | Amaranthus |
| konopí seté | Cannabis sativa L. |
| světlice barvířská – saflor včetně semen | Carthamus tinctorius L. |
| slézy | Malva L. spp. |
| komonice bílá (jednoletá a dvouletá) | Melilotus alba |
| hořčice sareptská | Brassica juncea |
| čirok | Sorghum spp. |
| ředkev olejná | Raphanus sativus L. var. oleiformis Pers. |
| mužák prorostlý | Silphium perfoliatum |
| jestřabina východní | Galega orientalis |
| čičorka pestrá | Coronilla varia |
| šťovík krmný | Rumex tianshanicus x Rumex patientia |
| sléz vytrvalý | Kitaibelia vitifolia |
| sveřep bezbranný | Bromus inermis |
| sveřep horský (samužníkovitý) | Bromus cartharticus |
| psineček veliký | Agrostis gigantea |
| lesknice (chrastice) rákosovitá | Phalaris arundinacea |
| kostřava rákosovitá | Festuca arundinacea |
| ovsík vyvýšený | Arrehenatherum elatius |
| srha laločnatá | Dactilis glomerata L. |
| proso vytrvalé | Panicum virgatum |
| ozdobnice | Miscanthus |
| řepa cukrová (cukrovka) | Beta vulgaris L. |
| lilek brambor | Solanum tuberosum |
| řepice olejná | Brassica rapa subsp. oleifera (DC.) Metzg |
| ostatní trávy | Poaceae Barnhart |
| ostatní jeteloviny | Fabaceae Lindl. |
1) It is issued for implementation and within the limits of the law, the content of which makes it possible to make an adjustment following the provisions directly applicable to the European Communities by the Government.
2) Council Regulation (EC) No 1782 / 2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019 / 1993, (EC) No 1452 / 2001, (EC) No 1453 / 2001, (EC) No 1454 / 2001, (EC) No 1868 / 1994, (EC) No 1251 / 1999, (EC) No 1254 / 1999, (EC) No 1673 / 2000, (EEC) No 2358 / 71 and (EC) No 2529 / 2001, as amended. Commission Regulation (EC) No 796 / 2004 of 21 April 2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system referred to in Council Regulation (EC) No 1782 / 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, as amended. Commission Regulation (EC) No 1973 / 2004 of 29 October 2004 laying down detailed rules for the application of Council Regulation (EC) No 1782 / 2003 as regards the support schemes provided for in Titles IV and IVa of this Regulation and the use of land set aside for crops, as amended.
3) Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and amending certain other laws (Act on the State Agricultural Intervention Fund), as amended by Act No. 128 / 2003 Coll., Act No. 41 / 2004 Coll., Act No. 85 / 2004 Coll., Act No. 237 / 2004 Coll., Act No. 482 / 2004 Coll., Act No. 441 / 2005 Coll., Act No. 130 / 2006 Coll. and Act No. 342 / 2006 Coll.
4) Articles 12 and 13 of Commission Regulation (EC) No 796 / 2004, as amended.
5) Article 14 of Commission Regulation (EC) No 796 / 2004, as amended.
6) Articles 13 (1) and 33 (4) of Commission Regulation (EC) No 796 / 2004, as amended.
7) Article 4 (8) of Act No. 219 / 2003 Coll., on the circulation of seeds and propagating plants and amending certain laws (Act on the circulation of seeds and propagating material), as amended by Act No. 178 / 2006 Coll.
7a) Article 33 of Commission Regulation (EC) No 1973 / 2004, as amended.
8) Article 26 of Commission Regulation (EC) No 1973 / 2004, as amended.
9) Article 10 of Commission Regulation (EC) No 1913 / 2006 laying down detailed rules for the application of the agrimonetary arrangements for the euro in agriculture and supplementing certain Regulations.
10) Article 143b (6) of Council Regulation (EC) No 1782 / 2003, as amended.
11) Article 27 (2) of Commission Regulation (EC) No 1973 / 2004, as amended.
12) Article 34 (2) of Commission Regulation (EC) No 1973 / 2004, as amended.
13) Article 29 of Commission Regulation (EC) No 1973 / 2004, as amended.
14) Article 134 of Commission Regulation (EC) No 1973 / 2004, as amended.
15) Annex No 2 to Decree No 482 / 2005 Coll., establishing the species, uses and biomass parameters in support of the production of electricity from biomass, as amended by Decree No 5 / 2007 Coll.
15a) Article 38 (4) of Commission Regulation (EC) No 1973 / 2004, as amended.
16) Article 5 (1) of Council Regulation (EC) No 1782 / 2003, as amended.
17) Act No. 254 / 2001 Coll., on the Water and Amendment of Certain Laws (Water Act), as amended by Act No. 76 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 274 / 2003 Coll., Act No. 20 / 2004 Coll., Act No. 413 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 222 / 2006 Coll. and Act No. 342 / 2006 Coll. § 7 of the Government Decree No. 103 / 2003 Coll., on the establishment of vulnerable areas and on the use and storage of fertilisers and manure, crop rotation and implementation of anti-erosion measures in these areas.
18) Article 34 (1) of Commission Regulation (EC) No 1973 / 2004, as amended.
19) Article 13 of Commission Regulation (EC) No 796 / 2004, as amended.
21) Article 38 (1) of Commission Regulation (EC) No 1973 / 2004, as amended.
22) Articles 50 (3), 51 and 53 of Commission Regulation (EC) No 796 / 2004, as amended.
23) Article 21 of Commission Regulation (EC) No 796 / 2004, as amended.
24) Article 14 (1a) of Commission Regulation (EC) No 796 / 2004, as amended.
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Regulation Information
| Citation | Government Decree No. 80 / 2007 Coll., establishing certain conditions for granting payment for energy crops |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.04.2007 |
|---|---|
| Effective from | 20.04.2007 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Finance
The regulation text is for informational purposes only.
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