Decree No. 81 / 2007 Coll.
Government Regulation amending 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
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81
GOVERNMENT REGULATION
of 11 April 2007
amending Government Regulation No 242 / 2004 Coll., on the conditions for implementing measures to promote the development of out-of-production functions of agriculture in order to protect environmental compartments (on the implementation of agri-environmental measures), as amended
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.:
Government Decree 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 by Government Decree No. 542 / 2004 Coll., Government Decree No. 119 / 2005 Coll., Government Decree No. 515 / 2005 Coll. and Government Decree No. 351 / 2006 Coll., is amended as follows:
1. Paragraph 4 (1) reads as follows:
"(1) The application for grant under the relevant agri-environmental measure (hereinafter referred to as" grant application ') shall be notified annually by the applicant to the Fund in respect of the form issued by the Fund by 15 May of the calendar year for which the grant is to be granted.';
2. In Article 4 (3), the words "working day 'are replaced by the words" working day (a)'.
Footnote 8a reads:
"(8a) Article 21 of Commission Regulation (EC) No 796 / 2004."
3. In Article 4, the following paragraph 6 is added:
"(6) If the applicant requests exclusion from the relevant agri-environmental measure, the Fund shall exclude the applicant; where appropriate, the obligation to repay the subsidy provided is not affected. ';
4. In the first sentence of Article 5 (1), the word "applicant 'shall be replaced by the words" Unless otherwise provided for in this Regulation (Article 5a (5)), the words "applicant' shall be inserted after the word" application '.
5. In the second sentence of Article 5 (1), the word "areas' is replaced by" inclusion 'and the words "30 April' are replaced by" 15 May '.
6. In Article 5 (1), the last sentence is deleted.
7. In Article 5 (2), "calendar 'is deleted.
8. In Article 5 (3), the words "measure under Article 2 'are replaced by the words" sub-measure under Article 2'.
9. in Article 5 (5) (e), the word "or" shall be replaced by the words "where appropriate, afforestation of agricultural land on the soil block or its work 12b)."
Footnote 12b reads:
"(12b) Article 43 of Council Regulation (EC) No 1698 / 2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), as amended.";
The reference to footnote 12b is replaced by footnote 12c and footnote 12c is replaced by:
"12c) § 170 of Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act). '.
10.Paragraph 5 (6) reads as follows:
"(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 soil register (5) or 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 area registered on the date on which the application for the grant was submitted in the land register (5).
11. in Article 5 (7), the words "to which the subsidy is granted under an agri-environmental measure" shall be deleted; the words "reduced area" shall be replaced by the words "reduced area" and the words "granted" shall be replaced by "granted."
12. in Article 5, paragraphs 8 to 10 read:
"(8) The applicant shall submit an application to the Fund 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 has taken place as a result of the facts referred to in paragraph 5 or 7 during the period from the date of submission of the application for the grant until 31 December of the relevant calendar year,
(a) no later than 31 January of the following calendar year for the measure:
1. under Paragraph 2 (1) (a), (b), (d) or (e); or
2. pursuant to Paragraph 2 (1) (c) (1), (2), (4) or (5); or
(b) not later than 30 April of the following calendar year for the measure referred to in Article 2 (1) (c) (3) or (6);
the application submitted after that date, if not for the application referred to in paragraph 9, the Fund shall reject the application. Where an applicant submits an application for a reduction of the allocated area of agricultural land as a result of the facts referred to in paragraph 5, he shall not submit an application for an amendment to the application for a grant for the relevant calendar year. The time limits referred to in this paragraph shall not apply to notifications of intervention of a higher power (9).
(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 shall not be affected. ';
13. in Article 5, paragraphs 11 to 14 are deleted;
14. the following Section 5a is inserted after Section 5, including the title and footnotes 13 and 14:
Transfer and transfer of inclusion in agri-environmental measures
(1) If the applicant fails to comply with the conditions of the relevant agri-environmental measure as a result of the cessation of the agricultural activity of a natural person or the disappearance of a legal person without liquidation13), 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 compliance with the conditions of the relevant agri-environmental measure.
(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 as a result of the transfer, rental or sale of part or whole of the enterprise (14), the reduction, non-grant or refund of the subsidy shall not be carried out if the transferee or lessee of part or whole of the undertaking of the applicant continues to fulfil the conditions of the agri-environmental measure concerned to the same extent for the part of the holding acquired and if the applicant in writing considers that the transferor part of the undertaking will continue to comply with the conditions of the relevant agri-environmental measure for non-transferred parts of the holding as a transferee.
(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) where agricultural land acquired under paragraph 1 or 2 is included in the relevant agri-environmental measure referred to in paragraph 2 (1) (a), (b), (d) or (e) or under paragraph 2 (1) (c) (3) to (6) for a shorter period than the agricultural land acquired by the acquirer 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 agricultural land thus acquired exceeds 25% of the area of agricultural land to which the acquirer or lessee the acquisition of agricultural land under paragraph 1 or 2 included in that measure, shall be determined in a new decision on the inclusion of the starting date of a 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 the 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 the Fund issued by the form indicating the area included in the agri-environmental measure, and the Fund shall set out in the new classification decision the remainder of the period during which the acquirer or lessee will be included in the measure.
(5) Where the obligations arising from the conditions of inclusion in the relevant agri-environmental measure are transferred 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 of the area reduction for the converter is reduced accordingly.
(6) Where the transferee or lessee has committed 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 transferee or lessee has been included in that agri-environmental measure, to reduce the agricultural land area covered by Article 5 (7) or to breach other conditions of the agri-environmental measure in question on the agricultural land for which the grant was granted, the Fund shall decide on the repayment of the proportion of the subsidy by the transferee, for the period for which the original applicant or the transferee or lessee 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 § 16 to 20, the transfer to the relevant agri-environmental measure is due to the facts referred to in paragraph 1 or 2, the procedure under § 16 to 20 shall apply in the context of the decision to grant the subsidy to the acquirer or lessee only to part of the enterprise (s) obtained from the original applicant.
(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 at the most to the subsidy granted during the four calendar years 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 refund shall be applied to a maximum subsidy of five calendar years.
13) Section 68 of the Commercial Code.
14) § 476 to 488i of the Commercial Code. '
15. Paragraph 6 (6) reads:
"(6) Where the applicant requests aid for grassland under the scheme of organic farming, he shall, during the relevant five-year period, comply with the stocking density of the livestock referred to in Annex 2 to this Regulation (hereinafter referred to as" the listed livestock ") on 31 July of the relevant calendar year of at least 0,2 livestock units per hectare of grassland managed by the applicant and registered in the soil register (5), but not more than 1,5 livestock units per hectare of agricultural land managed by the applicant and registered in the soil register (5). '
footnote 15a is deleted.
16. in Paragraph 6 (7):
"(7) Where the applicant holds a horse on 31 July of the relevant calendar year, the Fund shall, by 15 September of that calendar year, deliver a copy of the register (15b) together with the completed form issued by the Fund, indicating the number of horses kept converted into livestock units on that date."
17. Paragraph 6 (8) reads:
"(8) An integral part of the application for subsidy shall be a map of the soil blocks with drawings of the individual crops or crops referred to in paragraph 9. ';
18. in Paragraph 7 (5) (a), the words "converted into average over the period 1 January to 31 August" shall be replaced by the words "31 July."
19. in Article 7 (5) (b), the words "kept in the register of soils (5)" shall be replaced by the words "registered in the register of soils (5) on 31 December of the relevant calendar year."
20. in Paragraph 7 (5) (c), "30 June" is replaced by "15 July."
21. in Article 7 (6) (c), the words "registered in the register of soils (5) on 31 December of the relevant calendar year" shall be inserted after the words "bow."
22. in Article 7 (7) (g), the words "registered in the register of soils (5) on 31 December of the calendar year concerned" shall be inserted after the words "pastures."
23. In paragraph 7 of the introductory part of paragraph 8, the words "written consent 'are replaced by the words" acceptance'.
24. in Paragraph 7 (8) (b) (2), "15 July" is replaced by "31 July."
25. Paragraph 7 (10) reads:
"(10) Where the applicant holds a horse on 31 July of the relevant calendar year, the Fund shall, by 15 September of that calendar year, deliver a copy of the register (15b) together with the completed form issued by the Fund, indicating the number of horses kept converted into livestock units on that date."
26. Paragraph 7 (11) is deleted.
27. in Article 8 (5) (a), "15 July" is replaced by "31 July."
28. in Paragraph 9 (6) (a), "15 July" is replaced by "31 July."
29. in Paragraph 10 (3) (c), "30 April" is replaced by "15 May."
30. in Paragraph 10 (3) (c) (1), "paragraph 1 (b)" shall be deleted;
31. in Article 11 (4) (d), the words "with written consent" shall be replaced by the words "on the basis of consent."
32. in Paragraph 13 (5) (c), "30 April" is replaced by "15 May."
33.In Paragraph 14a (1) (b):
"(b) the area of the individual soil blocks and, where appropriate, their parts according to the soil register (5) in the case of (a) (1),"
34. in Article 14a (1) (c), "(a)" is replaced by "(a) (2)";
35. in Article 14a (4) (f), the words "fruit and analysis of such samples by a competent person" shall be replaced by "fruit, the analysis of such samples shall be carried out by the competent person."
36. in Paragraph 15 (17), the words'; the amount of the subsidy granted under this Regulation in order to ensure that its maximum amount is not exceeded under this paragraph shall be converted at the applicable rate of the European Central Bank at the date of grant ';
37. in Article 16 (1) (a), including footnote 24d,
"(a) the impact on organic farming of a breach of the condition laid down for organic farming by the Organic Farming Act (7), which resulted in a final imposition of a fine under the Organic FarmingAct (7) of more than CZK 50 000 up to CZK 70 000, not including 24d), if not the imposition of a final fine for infringement of the condition laid down in Section 23 of the Organic Farming7),
24d) § 33 paragraph 5 (d) of Act No. 242 / 2000 Coll., as amended by Act No. 553 / 2005 Coll. '
footnote 24d shall be renumbered footnote 24e, including the footnote reference.
38. in Article 16 (1) (b) (1), the words "or Article 7 (10)" shall be deleted;
39. In Section 16, paragraph 6 is added, including footnotes 24f and 24g:
"(6) The subsidy in the relevant calendar year under the relevant agri-environmental measure, calculated in accordance with Paragraph 15, shall be reduced:
(a) by 3%, if the Fund, when applying the environmental farming sub-measure in the relevant calendar year, ascertains the condition for organic farming management, 7), resulting in a final imposition of a fine under the Organic Farming Act (7) of up to CZK 20 000, including 24f), not involving the imposition of a final fine for infringement of the condition laid down in Section 23 of the Organic Farming7),
(b) by 10%, if the Fund, when applying the environmental agricultural sub-measure in the relevant calendar year, ascertains the condition for organic farming management laid down by the Organic Farming7), which resulted in the final imposition of a fine in accordance with the Organic Farming7 Act) of more than CZK 20 000 to CZK 50 000, including 24g), but not on the imposition of a final fine for infringement of the condition referred to in Section 23 of the Organic Farming7).
24f) § 33 paragraph 5 (a) and (b) of Act No. 242 / 2000 Coll., as amended by Act No. 553 / 2005 Coll.
24g) § 33 (5) (c) of Act No. 242 / 2000 Coll., as amended by Act No. 553 / 2005 Coll. '
40. Paragraph 17 (1) (a) (1), including footnote 24h, reads:
"1. a breach of the condition laid down for organic farming under the Organic Farming Act (7), which resulted in the final imposition of a fine under the Organic Farming Act (7) of more than CZK 70,000 up to CZK 1,000,000 including 24h), not involving the imposition of a final fine for infringement of the condition set out in Section 23 of the Organic Farming7),
24h) Articles 33 (5) (e) and 6 of Act No. 242 / 2000 Coll., as amended by Act No. 553 / 2005 Coll. '
41. in Article 17 (3), the words "Article 16 (1) (a)" shall be deleted;
42. In Article 19, the words "points (b) to (j) 'shall be added at the end of the text of paragraph 2.
43. Paragraph 22 (2), including footnote 26, is deleted.
Paragraphs 3 to 6 shall become paragraphs 2 to 5.
44. In Section 22, paragraph 6 is added, including footnote 25a:
"(6) In case the Fund provides the applicant with a grant to which the applicant was not entitled and the amount does not exceed CZK 2,500, the Fund does not recover this amount 25a).
25a) Article 73 (8) of Commission Regulation (EC) No 796 / 2004. '
45. In Annex 1, point 2, "15 July 'is replaced by" 31 July' and "15 October 'is replaced by" 31 October'.
46. In Annex 1, point 2, point (a), including footnote 26a, is deleted.
Points (b) and (c) shall become points (a) and (b).
47.
"Annex No. 2 to Government Decree No. 242 / 2004 Coll.
Species and categories of livestock included in the calculation of stocking density pursuant to § 6 (6) and (7), § 7 (3), § 7 (5) (a), § 7 (7) (a), § 7 (8) (c) (1) and § 7 (10) and the conversion factor into livestock units
| Druh a kategorie hospodářských zvířat | Koeficient přepočtu na velké dobytčí jednotky |
|---|---|
| skot ve věku nad 24 měsíců | 1,0 |
| skot ve věku nad 6 měsíců do 24 měsíců | 0,6 |
| skot ve věku nad 1 měsíc do 6 měsíců | 0,2 |
| ovce ve věku nad 12 měsíců | 0,15 |
| kozy ve věku nad 12 měsíců | 0,15 |
| koně ve věku nad 6 měsíců | 1,0 |
| koně ve věku do 6 měsíců | 0,4 |
48. In Annex 4, in the part of the Special Herbs, the following is added:
"The lark of blue
Centaurea cyanos L.
Roundnuts
Mentha rotundifolia
Perennial catfish
Satureja montana L. '
and the following shall be added in Part Zelenina:
"Onions shallots
Allium ascalonicum Strand. et Manet. non L.
Asparagus
Asparagus officinalis
Common bean
Phaseolus vulgaris L. var. nanus L.
Fodder
Phaseolus vulgaris L. var. vulgaris
Fennel
Foeniculum vulgare Mill. var. dulce
Peas (with pods)
Pisum sativum L. convar. axiphium Alef. Emend. C.O. Lehm.
Peas (with pods)
Pisum sativum L. convar. medullare Alef. Emend C.O. Lehm.
Rucola (Rucola)
Eruca sativa Miller (son. Rucola coltivata)
Turnip
Brasica napus var. napobrassica
Oilseeds
Cucurbita pepo L. var. oleifera
VEGETABLES (VEGETABLES)
Brassica rapa L. var. rapa '.
49. In Annex No 11, Part And in Part Fungicide, the text is added:
„
“.
| KOCIDE 2000 – hydroxid měďnatý |
| SULIKOL 750 SC – síra |
| SYLLIT 400 SC – dodine |
| FUNGURAN OH 50 WP – hydroxid měďnatý |
| CUPROCAFFARO (oxychlorid Cu++) |
| TALENT (myclobutanil) |
| ORNAMENT 250 EW (tebuconazole ) |
| TELDOR 500 SC (fenhexamid) |
50. In Annex No 11, Part A, in Part Insecticides and acaricides, the texts of:
„
“.
| AZTEC 140 EW (triazamate) |
“
“ a
| MAGUS 200 SC (fenazaquin) |
„
“
| ORTUS 5SC (fenpyroximate) |
the text is deleted and the text is added:
„
“.
| STEWARD 30 WG (indoxacarb) |
51. In Annex No 11, Part And in the part of Herbicide, the text is added:
„
“.
| STOMP 400 SC – pendimethalin |
| FUSILADE FORTE 150 EC – fluazifop-P-butyl |
| GLYFOS (glyphosate – IPA) |
52. In Annex No 11, Part B, Part Fungicide, the following text is added:
„
“.
| CUPROCAFFARO (oxychlorid CuI) | *) |
| CURZATE GOLD (cymoxanil + mancozeb) | *) |
| FUNGURAN-OH 50 WP (hydroxid Cu-+) | *) |
| KOCIDE 2000 (hydroxid Cu+-) | *) |
| KUPRIKOL 250 SC (oxichlorid Cu++) | *) |
| VERITA (fenamidone+fosetyl Al) | *) |
| SULIKOL 750 SC (síra) | **) |
| MELODY COMBI 43,5 WP (iprovalicarb + folpet) | *) |
| QUADRIS MAX (azoxystrobin + folpet) | *) **) |
| TALENT (myclobutanil) | **) |
53. In Annex No 11, Part B, in Part Insecticides and acaricides, the text:
„
“
| MAGUS 200 SC (fenazaquin) |
the text is deleted and the following text is added:
„
“.
| STEWARD 30 WG (indoxacarb) |
54. In Annex No 11, Part B, in Part Herbicide, the text is added:
„
“.
| GLYFOS (glyphosate – IPA) |
| KAPUT HARVEST (glyphosate – IPA) |
Transitional provision
Applications submitted pursuant to Government Regulation No 242 / 2004 Coll., as effective by the date of entry into force of this Regulation, shall be assessed in accordance with Government Regulation No 242 / 2004 Coll., as effective by the date of entry into force of this Regulation.
Efficacy
This Regulation shall enter into force on 20 April 2007.
Prime Minister:
Ing. Topolánek v. r.
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Regulation Information
| Citation | Government Regulation No. 81 / 2007 Coll., amending 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 |
|---|---|
| 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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