What is Government Decree No. 81 / 2023 Coll.?

Government Decree No. 81 / 2023 Coll., laying down the conditions for implementing organic farming measures — Government regulation on the conditions for implementing organic farming measures.

When it became Government Decree No. 81 / 2023 Coll. effectiveness?

Government Decree No. 81 / 2023 Coll. became effective 01.04.2023.

Is Government Decree No. 81 / 2023 Coll. still valid?

Yes, Government Decree No. 81 / 2023 Coll. is still valid and effective.

Government Decree No. 81 / 2023 Coll. - Government regulation on the conditions...

81

GOVERNMENT REGULATION

of 22 March 2023

laying down 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. 85 / 2004 Coll., Act No. 291 / 2009 Coll., Act No. 179 / 2014 Coll. and Act No. 382 / 2022 Coll., and pursuant to § 1 (3) of Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and on the amendment of certain other laws (Act No. 441 / 2005 Coll., Act No. 291 / 2009 Coll. and Act No. 179 / 2014 Coll.:

ČÁST PRVNÍ

INTRODUCTORY PROVISIONS

§ 1

Subject matter

This Regulation regulates the conditions for implementing organic farming measures in the Czech Republic, following directly applicable European Union1.

§ 2

Application for inclusion in organic farming measures

(1) An application for inclusion in organic farming measures (hereinafter referred to as "application for inclusion") may be submitted by a natural or legal person (hereinafter referred to as "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 at the date on which the application for inclusion is submitted pursuant to Sections 6 to 8 of the Organic Agriculture Act; and

(c) classify at least 0,5 hectares of agricultural land held on the applicant in the land use register according to user relations (hereinafter referred to as "land use register") with agricultural crop arable land, permanent grassland, fruit orchards, vineyards or hops.

(2) The applicant shall indicate in the application for inclusion the list and area of all parts of the soil blocks managed in the organic farming system or at the stage of the transitional period under the organic farming law and kept in the land use register which it requests to be included in the organic farming measures referred to in paragraph 1.

(3) The applicant shall indicate in the application for inclusion the geospatial information defining the area where the multiannual conditions are met.

(4) The whole 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) organic farming measures under Government Regulation No. 76 / 2015 Coll., on the conditions for implementing organic farming measures, as amended;

(b) the sub-measure referred to in Article 2 (h), (i), (j) or (k) of the Government Regulation governing agri-environmental climate measures; or

(c) the sub-coverage referred to in § 2 (a), (b) or (c) of Government Regulation No 75 / 2015 Coll., on the conditions for the implementation of agri-environmental climate measures and amending Government Regulation No 79 / 2007 Coll., on the conditions for the implementation of agri-environmental measures, as amended.

(5) A request for inclusion shall be submitted for a period of five years for the period of implementation of the multiannual conditions starting on 1 January of the first year of the five-year period for which the application for inclusion is submitted.

(6) The application for inclusion shall be submitted by the applicant to the State Agricultural Intervention Fund (hereinafter referred to as the Fund) by 15 May of the first year referred to in paragraph 5, but not later than the submission of the single application. Only one application for inclusion may be submitted in one calendar year.

(7) During the period from the date of submission of the application for inclusion to the date of inclusion of the applicant,

(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.

§ 3

Moving from agri-environment to organic farming

(1) If, during the period of multiannual conditions, the applicant intends to make a transition from the sub-measure of integrated production pursuant to § 2 (h), (i) or (j) of the Government Regulation governing agri-environmental climate measures to organic farming measures under this Regulation, it shall submit a new application for inclusion under § 2.

(2) The applicant shall indicate in the application for inclusion:

(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 (h), (i) or (j) of the Government Regulation governing agri-environmental climate measures;

(c) an increase in the area of the soil block part,

(d) a reduction in the classification of the soil block part; or

(e) the part of the soil block which has not yet been included in the scope of the integrated production referred to in Article 2 (h), (i) or (j) of the Government Regulation governing agri-environmental climate measures and which the applicant requests 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 are met, the Fund shall include the applicant in the organic farming measure in accordance with Article 2.

§ 4

Increase of the declared area

(1) The applicant may request, during the period of implementation of the multiannual conditions, 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 multiannual period.

(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 as part of the application for amendment by 15 May of the relevant calendar year at the latest, together with the submission of the single application.

(4) A request to amend the classification cannot be made in the fifth year of the duration of the multiannual conditions.

(5) The Fund will decide, on the basis of a request for a change in classification, to be included in organic farming measures with a view to changing the area of agricultural land.

(6) If, during the period of implementation of the multiannual conditions, the applicant intends to increase the allocated area to an extent exceeding the limit referred to in paragraph 1 or plans to increase the allocated area in the fifth year of the period of validity of the multiannual conditions, he shall submit a request for inclusion in accordance with Paragraph 2, requesting inclusion in the new period of implementation of the multiannual conditions. This request shall specify the parts of the soil blocks originally included in the organic farming measure and the additional area it calls for to be included in the organic farming measure during the new period of implementation of the multiannual conditions. Compliance with the organic farming measures shall be assessed separately within the framework of the new period of implementation of the multiannual conditions without reference to the initial period of implementation of the multiannual conditions. Failure to complete the initial period of implementation of the multiannual conditions in this case shall not be considered as non-compliance with the conditions of this Regulation.

(7) An increase in the area allocated during the fifth year of the multiannual period shall not be considered as an increase in the area of the part of the soil block included in the organic farming measure.

(8) An increase in the area of up to 0,05 ha of the soil block part shall not be considered as an increase in the area covered.

§ 5

Reductions of the declared area

(1) The applicant may, during the period during which the multiannual conditions have been fulfilled, request a reduction in 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.

(2) An application for a reduction of the allocated area referred to in paragraph 1 shall be submitted by the applicant to the Fund as part of the application for amendment by 15 May of the relevant calendar year at the latest, together with the single application.

(3) The period referred to in paragraph 2 shall not apply to notification of force majeure or exceptional circumstances (2). The Fund shall reject the request for a change of classification after the deadline referred to in paragraph 2.

(4) In the application for a change of classification, the applicant shall indicate whether the application for a reduction of the area of the soil block part or the exclusion of the soil block part included in the measure referred to in Article 2 is due to:

(a) restitution or property settlement with churches and religious society3),

(b) the implementation of the land modification (4);

(c) force majeure or exceptional circumstances (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 multiannual period in the organic farming measure by decision pursuant to Article 2; or

(f) other than those referred to in points (a) to (e).

(5) A reduction in the area of up to 0,05 ha of the soil block shall not be considered as a reduction of the area included.

(6) The Fund will decide, on the basis of a request for a change in classification, to be included in the organic farming measure taking into account the change in the area of agricultural land.

(7) If the Fund finds that there has been a reduction in the land use register or an area included in the land use register no longer fulfils the conditions for the fulfilment of the multiannual conditions, without the applicant submitting an application for an amendment to the classification referred to in paragraph 2 in the relevant calendar year, it shall decide on the inclusion in the organic farming measure, taking into account the change in the area of agricultural land or the exclusion of the area which no longer meets the conditions for the fulfilment of the multiannual conditions; the obligation to repay the subsidy or part thereof is not affected.

(8) If the Fund finds that there has been a reduction in the land use register by all the area included or all the area included in the land use register no longer meets the conditions for the fulfilment of the multiannual conditions, without the applicant submitting an application for a change in the classification referred to in paragraph 2 in the relevant calendar year of implementation, it shall decide to exclude the applicant from the organic farming measures; the obligation to repay the subsidy is not affected.

(9) Where the applicant submits an application for an amendment to the declared area by reducing the area covered by the agricultural land included in the organic farming measure by all the area included, or where the applicant requests exclusion from the organic farming measure, the Fund shall decide to exclude the applicant from the organic farming measure; the obligation to repay the subsidy or part thereof is not affected.

§ 6

Application for aid under organic farming measures

(1) The applicant may submit to the Fund by 15 May of the calendar year concerned an application for a subsidy under the organic farming measure (hereinafter referred to as the "subsidy application") using a single application form containing geospatial information.

(2) The applicant in the subsidy application for the relevant calendar year shall indicate, for each part of the soil block, the type of agricultural culture for which he applies for the subsidy and which is kept in the land use register at the date of submission of the subsidy application. 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) fruit orchard,

(e) vineyards; or

(f) hops.

(3) The application for a subsidy for the calendar year in question shall include:

(a) the geospatial information on the relevant parts of the soil blocks or parts thereof which the applicant has identified in this application in a distinction between parts of the soil blocks or parts thereof with the type of agricultural culture referred to in paragraph 2; 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.

§ 7

Proportionality of the subsidy

(1) Where the applicant demonstrates that during the period of compliance with the multiannual conditions, the agricultural land area included in the organic farming measures has been reduced for the reasons referred to in Article 5 (4) (c), the Fund shall grant the subsidy to the relevant area of agricultural land subject to the change, in proportion to the length of the period for which the applicant kept it in the land use register or the period ending on the date on which the event occurred pursuant to Article 5 (4) (c). The Fund shall not grant a proportional amount of the subsidy to an area of agricultural land which is the subject of a change where such area has not been applied to the applicant on the date on which the application for a subsidy is submitted in the land use register.

(2) Where the applicant fails to demonstrate that during the period of compliance with the multiannual conditions, the agricultural land area included in the organic farming measures has been reduced for the reasons referred to in points (a) to (e) of Article 5 (4), or where it indicates the reason for the reduction referred to in point (f) of Article 5 (4), the Fund shall provide the subsidy reduced by a proportion corresponding to the reduction of the agricultural area, and the Fund shall also decide on the reimbursement of the proportion of the subsidy granted from the beginning of the period of implementation of the multiannual conditions to the area for which the initial area has been reduced and, where appropriate, the exclusion of that area from the organic farming measures from the start of the period of implementation of the multiannual conditions.

§ 8

Transfer of multiannual conditions

(1) The transferee, which is included in the organic farming measure, no longer applies for inclusion and Article 4 does not apply in this case. However, it shall notify the Fund thereof;

(a) where the agricultural land acquired is included in an organic farming measure for a shorter period than the agricultural land held by the acquirer until the acquisition of the agricultural land included in that measure and the proportion of the agricultural land thus acquired exceeds 35% of the area of agricultural land held by the acquirer until the acquisition of the agricultural land included in that measure, the acquirer shall indicate the aggregate area of the agricultural land included in that measure and the Fund shall determine in the subsequent decision on the start of the period of application of the multiannual conditions corresponding to the calendar year in which the newly acquired agricultural land was included in that measure to the original applicant;

(b) in other cases, the acquirer shall indicate the aggregate area of agricultural land included in the measure and the Fund shall set in the subsequent classification decision the date of the start of the multiannual period corresponding to the calendar year in which the acquirer was included in the measure.

(2) The transferee who is not included in the organic farming measure does not submit a new application for inclusion but announces this fact to the Fund. the notification shall indicate the area included in the measure. The Fund shall, in a subsequent decision to include the remaining part of the period of implementation of the multiannual conditions for which the acquirer will be included in this measure.

(3) Where multiannual conditions are transferred, the Fund shall determine the area of agricultural land which may be the subject of:

(a) an increase in the classification of the area referred to in Article 4, during the remainder of the period of performance of the multiannual conditions as the sum of the amount not yet exhausted by the acquirer 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; or

(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.

(4) If the acquirer has committed itself in writing to continue fully to fulfil the conditions of this measure on the agricultural land area acquired and if during the period for which the original applicant or the acquirer was included in this measure, to reduce the allocated area of agricultural land referred to in § 5, with the exception of the reduction for reasons referred to in § 5 (4) (a) to (e), or to fail to meet other conditions of the agricultural farming measures for which the grant was granted, the Fund shall decide to refund the proportion of the subsidy to the acquirer for the period for which the original applicant or acquirer was included.

(5) 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 multiannual conditions occurs, the procedure provided for in Part Three of this Regulation shall apply to only part of the area of agricultural land obtained from the original applicant in the decision granting the subsidy. Failure by the transferor or acquirer to comply with the condition set out in Article 10 (1) (e), Article 10 (2) or (3) shall not constitute failure to comply with the procedure laid down in Part Three of this Regulation if the non-compliance lasts for a maximum period of 15 days immediately before or immediately after the date on which the agricultural land was transferred from the transferor to the acquirer in the land use register.

§ 9

General conditions for granting the subsidy

(1) The Fund shall grant the full grant to the applicant in accordance with Article 15 if:

(a) is included in the organic farming measure and the part of the soil block referred to in the application for inclusion is included in that measure,

(b) the applicant undergoes, once for the duration of the period of performance of the multiannual training conditions, but no later than the end of the fifth calendar year, the period of performance of the multiannual conditions, provided by the Central Control and Examination Institute for Agriculture, in order to extend knowledge of the most appropriate farming practices;

(c) the applicant undertakes to operate 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 resulting from Regulation (EU) 2018 / 848 of the European Parliament and of the Council on organic production and labelling of organic products; and

4. other conditions laid down in this Regulation;

(d) in the case of application of fertilisers and manure, the applicant shall keep a fertilisation record in accordance with the fertiliser law;

(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 (7);

(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 conditions of agricultural management of arable land, permanent grassland or permanent culture in accordance with the Government Regulation governing the details of land use records according to user relations.

(2) In assessing the utilised area of agricultural land and the type of agricultural culture according to the land use register, the relevant period shall be from the date of submission of the subsidy application until 31 December of the relevant calendar year; non-compliance with the conditions of this Regulation shall not be considered as having changed the type of agricultural culture from grassland in the relevant calendar year referred to in Article 6 (2) (c) to:

(a) permanent grassland as referred to in Article 6 (2) (a); or

(b) the standard arable land referred to in Article 6 (2) (b), if it is changed after 31 August of the calendar year concerned.

(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) Where this Regulation provides for a period of execution of the first crop before 31 August of the relevant calendar year, the first crop crop to be harvested for the protection of the rising grassland shall be considered to have been carried out in the case of renewal in accordance with paragraph 3 by 31 August of the relevant calendar year, subject to compliance 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.

ČÁST DRUHÁ

BLIER CONDITIONS FOR IMPLEMENTATION OF THE ECONOMIC AGRICULTURE MEASURES

§ 10

Subsidy for agricultural land with a type of agricultural culture permanent grassland

(1) An applicant who shall indicate in the application for a subsidy in accordance with Article 6 (2) (a) the part of the soil block with the type of agricultural culture permanent grassland,

(a) ensure:

1. agricultural management by carrying out the first cutting of biomass or grazing in accordance with Article 7 of the Government Regulation governing the granting of direct payments to farmers by 31 July of the relevant calendar year or by 31 August of the relevant calendar year, if this is the part of the land block which, according to land use records, is at least 50% of its area area area under Article 2 (1) (a) (1) of the Government Regulation governing measures for areas with natural constraints under the conditions referred to in points (b) to (d); and

2. the execution of a second crop with the removal of biomass or the salvation of permanent grassland no later than 31 October of the relevant calendar year;

if the conditions of the given part of the soil block applied by the submeasure of the treatment of grassland according to § 18 and 19 of the Government Decree No. 75 / 2015 Coll. or the impact of the treatment of extensive grassland under Articles 15 and 16 of the Government's agri-environment regulation does not provide otherwise; the retention of disgruntled areas under a government regulation governing the granting of direct payments to farmers is not considered to be a breach of this condition,

(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 relevant calendar year; This condition shall not apply to an area with an average gradient exceeding 10 ° and may be modified on the basis of the opinion of the nature conservation authority in specially protected areas (8), national parks protection zones (9), contractually protected areas and Natura 200010 areas),

(c) does not carry out mulling, restoration of permanent grassland or adjunct to permanent grassland without the consent of the nature conservation authority in specially protected areas (8), national parks protection zones (9), contractually protected areas and Natura 200010 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; 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") shall comply with the stocking density of livestock kept in Annex 1 to this Regulation at least 0,3 livestock units per hectare of agricultural land managed by the applicant and kept in the land use register with the type of agricultural crop permanent grassland, with the exception of:

1. the area of the part of the soil block with a type of agricultural culture of permanent grassland, located at least 50% of its area in the areas of the first and second protected landscape areas, in the national nature reserve, in the nature reserve, in the national natural monument or in the natural monument (hereinafter referred to as the "small area specially protected area") or in the areas of concentrated nature care in the national parks; and

2. the area of the part of the soil block with the type of agricultural culture of permanent grassland, which is classified under the title of § 2 (d) (6) to (8) of Decree No 75 / 2015 Coll. or under § 2 (b) (6) to (8) of the Decree of the Government governing agri-environmental climate measures.

(2) For the purposes of this Regulation, only animals of a species meeting the conditions of Section 4 of the Organic Agriculture Act and Article 14 of Regulation (EU) 2018 / 848 of the European Parliament and of the Council on organic production and labelling of organic products registered on holdings that are identified as organic in the information system of the central register kept under the Breeding Act shall be considered as livestock as referred to in paragraph 1 (e).

(3) Where the applicant maintains horses during the control period, he shall submit to the Fund by 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 under 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 1 to this Regulation and the category of breeding horses.

(4) Where the applicant for the Fund does not submit a copy of the register of horses on the holding and of the declaration of horse rearing referred to in paragraph 3 within the time limit laid down, 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.

(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 1 to this Regulation on the relevant date of the control period, determined from the information system of the central register kept under the breeding law or on-the-spot check, and, where appropriate, in accordance with paragraphs 3 and 4, and the area of agricultural land managed by the applicant and kept in the land use register with the type of agricultural culture of permanent grassland on the relevant date of the control period, except:

(a) the area of the part of the soil block with a type of agricultural culture of permanent grassland, which is situated at least 50% of its area in the areas of the first and second zones of protected landscape areas, in the small-scale specially protected area or in the zones of concentrated nature care in national parks; and

(b) the area of the part of the soil block with a type of agricultural culture of permanent grassland, which is classified under the title of § 2 (d) (6) to (8) of Decree No 75 / 2015 Coll. or under § 2 (b) (6) to (8) of the Decree of the Government governing agri-environmental climate measures.

(6) The end of grazing referred to in paragraph 1 (b) shall not be affected if it is interrupted for a maximum of 29 days.

§ 11

Subsidy for agricultural land with a type of agricultural culture standard arable land

(1) The applicant who shall indicate in the subsidy application referred to in Article 6 (2) (b) the part of the soil block with the type of agricultural culture standard arable land shall be required to indicate in the subsidy application whether or not he is applying for a subsidy for that part of the soil block

(a) the cultivation of the vegetable species listed in Annex 3 to this Regulation (hereinafter referred to as the "supported vegetable species") or the type of special herbs listed in Annex 4 to this Regulation (hereinafter referred to as the "supported plant species");

(b) cultivation of multiannual fodder plants;

(c) growing grass per seed;

(d) cultivation of other crops; or

(e) strawberry cultivation.

(2) Applicant requesting a subsidy under paragraph 1 (a)

(a) only the supported vegetable type or type of herbs shall be grown during the calendar year on the part of the soil block or part of it referred to in the subsidy application, the aggregate area of agricultural land for which the applicant grows the supported vegetable type or the supported type of herbs shall be at least equal to the area of the part of the soil block or part of it referred to in the subsidy application;

(b) meet in the relevant calendar year the requirements laid down in Annex 3 to this Regulation for the minimum sowing or planting of the supported vegetable species, unless it is a multi-annual crop grown for at least the second year; This condition shall not apply to applicants who grow the crops referred to in point (a) for a total area of up to 6 hectares;

(c) carry out any planting of potatoes only on the part of the soil block or part thereof on which green fertilisation has been carried out or on which solid or liquid manure or solid organic fertiliser (compost) has been applied;

(d) in the case of cultivation of 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;

(e) may carry out grazing only after the harvest of the vegetable or herb species supported; and

(f) harvest and transport the production from the supported vegetable species or the supported type of herbs from the part of the soil block or part thereof by 31 December of the relevant calendar year, unless it is a multi-annual crop which does not provide harvesting in the year of sowing or planting.

(3) Applicant requesting a subsidy under paragraph 1 (b)

(a) it shall grow on the whole area of a part of the soil block or part of a multiannual fodder plant as referred to in Annex 6 to this Regulation as the main crop;

(b) harvest and remove production from the soil block or part thereof by 31 December of the relevant calendar year; This condition does not apply to the part of the soil block or part thereof which is classified in the land use register in slightly or severely erosively endangered soils; and

(c) may, after the harvest, carry out an ambush on the part of the soil block or part thereof for which it applies for a subsidy in the relevant calendar year.

(4) Applicant requesting a subsidy under paragraph 1 (c)

(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.

(5) Applicant requesting a subsidy under paragraph 1 (d)

(a) it shall not grow on the part of the soil block or part thereof of the crops listed in Annexes 6 and 7 to this Regulation;

(b) harvest and transport the production of crops from the part of the soil block or part thereof by 15 November of the relevant calendar year, unless it is a multiannual crop which does not provide harvest in the year of sowing or planting; and

(c) may carry out grazing after the main crop has been harvested.

(6) Applicant requesting a subsidy under paragraph 1 (e)

(a) grow a strawberry on a given part of the soil block or part thereof at a minimum density of 20 000 viable individuals per hectare of the area planted with the strawberry during at least the period from the date of submission of the application for the subsidy until 30 June of the relevant calendar year;

(b) in the case of planting, in the relevant calendar year, meet the minimum planting requirement of the strawberry seed referred to in Annex 3 to this Regulation;

(c) carry out any planting of the strawberry only on the part of the soil block or part thereof on which green fertilisation has been carried out;

(d) carry out, from the second year of the period of application of the multiannual conditions by 30 April at the latest, the relevant calendar year of removal of the blades of the strawberry leaves; the condition shall not apply to the part of the soil block or part thereof on which the planting of the strawberry has been carried out in the period from 1 September to 31 December of the calendar year immediately preceding the calendar year in which the application for the subsidy referred to in Article 6 (2) (b) is submitted or in the relevant calendar year; on maintenance shall keep an indication in the crop records referred to in Regulation (EU) 2018 / 848 of the European Parliament and of the Council on organic production and labelling of organic products for the part of the soil block or part thereof,

(e) ensure that the grafting is carried out at least twice a year; the first padding shall be carried out no later than 31 August and the second padding shall be carried out no later than 31 October of the calendar year concerned; the condition does not apply to the part of the soil block or part thereof on which the cultivation technology is used using sheets, textiles or organic mulch,

(f) ensure, by 30 September at the latest, the relevant calendar year for the maintenance of the strawberry crop by mowing and mopping the biomass, whether or not multivated;

(g) does not carry out grazing on the part of the soil block or part thereof; and

(h) it is not obliged to comply with the conditions set out in points (e) to (g) on the part of the soil block or part thereof on which the strawberry crop has been destroyed or incorporated into the soil after the harvest, unless the strawberry crop has been destroyed or processed before 1 July of the calendar year concerned.

§ 12

Subsidy for agricultural land with a type of agricultural culture grassland

(1) The applicant who shall indicate in the application for a subsidy under Article 6 (2) (c) the part of the soil block with the type of agricultural crop culture;

(a) ensure:

1. agricultural production by carrying out the first cutting with the removal of biomass or the salvation of permanent grassland in accordance with Article 7 of the Government Regulation governing the granting of direct payments to farmers by 31 July of the relevant calendar year or by 31 August of the relevant calendar year, in the case of a proportion of the land block, which, according to land use records, is at least 50% of its area in accordance with Article 2 (1) (a) (1) of the Government Regulation governing measures for areas with natural constraints; and

2. the execution of the second mower with the removal of biomass or the salvation of grassland no later than 31 October of the relevant calendar year;

the retention of disgruntled areas under a government regulation governing the granting of direct payments to farmers shall not be considered a breach of this condition; and

(b) carry out, in the case of the maintenance of grassland, the destruction of non-passports 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 areas with an average inclination exceeding 10 °.

(2) The end of grazing referred to in paragraph 1 (b) shall not be affected if it is interrupted for a maximum of 29 days.

§ 13

Subsidy for agricultural land with a type of agricultural culture fruit orchards

(1) The applicant, which shall indicate in the subsidy application provided for in Article 6 (2) (d) the proportion of the soil block with the type of agricultural culture of fruit orchards kept in the fruit orchards register provided for in Article 3q of the Agriculture Act, is required to indicate further in the subsidy application whether it applies for the subsidy for that part of the soil block

(a) intensive kits; or

(b) other sets.

(2) Applicant requesting a subsidy under paragraph 1 (a)

(a) indicate in the subsidy application only the production area of the part of the soil block, including the area on which the planting is situated

1. only one of the species of fruit trees or fruit shrubs listed in Annex 8 to this Regulation; and

2. on the minimum density of viable individuals per hectare of production area, in the case of kernels of 500 viable individuals, in the case of stone trees of 200 viable individuals or in the case of fruit bushes of 2 000 viable individuals, in the period from the date of submission of the subsidy application to 31 December of the relevant calendar year,

(b) ensure that on the production area of the part of the soil block there is an evenly distributed planting consisting of noble varieties of fruit trees in low growing shapes older than 3 years or noble varieties of fruit bushes; planting of trees consisting solely of stoves without grafted noble variety or of rectangular trees is not possible; for the purposes of this Regulation, low growing shape means a fruit tree with a maximum strain height of 150 cm; the strain height is measured from the surface of the ground to the first branch in the crown;

(c) it shall not produce on a given part of the soil block in the intermediate area and the direct belt of the agricultural crop, while ensuring the herbal cover of the interlining; black eels in the intermediate line are not permitted;

(d) does not conduct grazing on the part of the soil block; this condition does not apply to poultry grazing,

(e) carry out, by 31 August of the relevant calendar year at the latest, the mechanical maintenance of the intermediate and the incremental belt, in the case of the cutting, ensuring that the biomass is removed by 31 August of the relevant calendar year;

(f) carry out a regular cut each year in order to illuminate the crowns of fruit trees and fruit shrubs by 15 August of the relevant calendar year;

Citation	Government Decree No. 81 / 2023 Coll., laying down the conditions for implementing organic farming measures
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	31.03.2023
Effective from	01.04.2023
Effective until	-
Status	Valid

Government Decree No. 81 / 2023 Coll.

Government regulation on the conditions for implementing organic farming measures

Contents

ČÁST PRVNÍ

§ 1

§ 2

§ 3

§ 4

§ 5

§ 6

§ 7

§ 8

§ 9

ČÁST DRUHÁ

§ 10

§ 11

§ 12

§ 13

Contents

Comments 0

Regulation Information

Public Contracts 5

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