29/2016 Sb.
REGULATION OF THE GOVERNMENT
of 18 July 2003. January 2016
on the conditions for the granting of aid under the measures
forest-environmental and climate services and protection of forests and the
some related government regulations
The Government ordered pursuant to section 2 c of paragraph 1. 5 of law No. 252/1997 SB., about
Agriculture, as amended by Act No. 128/2003 Coll., Act No. 85/2004 Coll.
Law No. 291/2009 Coll. and Act No. 179/2014 Sb, and pursuant to section 1 (1). 3
Act No. 256/2000 Coll., on the State agricultural intervention fund and the
change of certain other laws (the law on the State farm
the intervention fund), as amended by Act No. 441/2005 Coll., Act No.
291/2009 Coll. and Act No. 179/2014:
PART THE FIRST
CONDITIONS FOR THE GRANTING OF SUBSIDIES IN THE FRAMEWORK OF THE FOREST-ENVIRONMENT MEASURES AND
CLIMATE SERVICES AND THE PROTECTION OF FORESTS
§ 1
The subject of the edit
This regulation lays down further to the directly applicable provisions
The European Union ^ 1) conditions for the granting of subsidies in the framework of the measures
forest-environmental and climate services and protection of forests.
§ 2
Forest-environment measures and climate services and the protection of forests
Forest-environment measures and climate services and the protection of the forests is
consists of the following podopatřeními:
and maintenance of the economic type porostního) file and
(b) the protection and reproduction of the gene pool) of forest tree species.
§ 3
Request for the inclusion of measures in the framework of the legal basis
forest-environmental and climate services and the protection of forests
(1) an application for inclusion in a legal basis under section 2 (b). and (b)) or later
"request for inclusion") is served on the duration of the commitment period 5
years. This period shall begin on 1 January 2005. January of the first year of the duration of the undertaking, and
expire on 31 December 2004. December of the fifth year of the duration of the undertaking (hereinafter referred to as
"commitment").
(2) The legal basis under section 2 (b). or (b))) can be included
the owner, tenant, the borrower or sharecropper forest or their associations,
who undertakes to carry out one or more of the undertakings referred to in paragraph 1
(hereinafter referred to as "the applicant"), on the stage of growing group at least
0.04 ha ^ 2).
(3) the request for the inclusion of the applicant delivers the national agricultural
intervention fund (hereinafter referred to as "the Fund") on a form issued by the Fund, and
not later than 31 December 2006. October of the calendar year immediately preceding the
the first calendar year of the duration of the undertaking to which the request for the inclusion of
serves. If the first year of validity of the forestry economic plan or
forest economic outline ^ 3) (hereinafter referred to as "the plan or outline") immediately
precedes the first year of the duration of the undertaking, then delivers the request for inclusion
the applicant Pool to Fund issued form not later than 15. March
the first year of duration of the commitment.
(4) the part of the application for inclusion
and the plot of the stand area) for inclusion of the group in a map in scale 1:10
000 or more detailed,
(b) a lease or pachtovní) contract or management or
loan closed with the owner, or the co-owners of the absolute
the majority of ownership allowing to comply with an obligation under
paragraph 1, if the applicant is not the owner or joint owner by an absolute
the majority of ownership,
(c) the written consent of the owner), or a simple majority of the joint owners
ownership is included in the legal basis pursuant to § 2, if it is not
by the applicant, owner or joint owner by an absolute majority of the
ownership, and
(d) vocational forestry) confirmation of the householder of the facts referred to in section
4 the Fund issued form (hereinafter "certificate of professional forestry
the householder ").
(5) the Fund shall decide on the inclusion of the applicant in the legal basis pursuant to section 2,
If you are satisfied the conditions laid down in this regulation.
(6) in the period from the date of submission of the request for the inclusion of the date of the inclusion of the applicant
the submeasures referred to in paragraph 5 shall not be in the application for the classification change area
inclusion of growing of the group.
(7) if the applicant asks about the disposal of a Sub-measure under section 2, the applicant Pool
, and if he was on the basis of an application under section 7 granted subsidies,
the Fund shall decide on its return under section 13.
§ 4
The change in classification of the group stand
(1) the applicant changes the plot borders stand groups only because of their
more precise with regard to the real progress of the border on the ground.
(2) if the stand surface area treated group differs from the desktop stand
the group plan or an outline
and not more than 15%), the applicant shall take into account in classifying the group stand
This change, or
(b)) by more than 15% and not more than 100%, the applicant shall take into account for the classification of
growing group of this change with the confirmation of professional forestry farmer
which further confirms that this is a growing group.
(3) if the surface of the treated groups different from the stand of the desktop stand
in the plan or group of accounts by more than 100%, the Fund growing group
returned.
(4) if the included stand group is located at least 95% of the area in the
the growing group of the plan or the outline of an enlarged on this
a belt which surrounds this growing group (hereinafter referred to as "the Strip"), the Fund
a growing group of queues. If the group does not meet this growing
the condition of positional accuracy, and is at least 95% of the area within the
the stand of the group plan or outline of the enlarged čtyřicetimetrový belt
It can be only with the confirmation of professional forestry, which
further confirms that this is a growing group.
(5) Zařazovanou the stand group, that is not at least 95% of the
the area within the growing group of the plan or the outline of an enlarged about
čtyřicetimetrový belt, the Fund returned.
(6) where the stand meets the condition included group Locator
accuracy in accordance with paragraph 4 and to the intersection with a growing group of
the plan or the outline, you can classify this group only with the stand confirmation
professional forestry, which further confirms that this is the same
the stand group.
(7) when there can be overlap of stand one groups
of the applicant. If the surface of the treated Group extends to the stand area
growing group of another applicant, or a person who does not ask for subsidies,
or in areas of growing group that cannot be the person on the stand
a group of farmers to identify, classify and group may be growing on the
the area of overlap, the Fund does not provide a subsidy. In the case of overlapping of growing
the group with the soil block held in the records of the use of agricultural land
According to user relationships under the law on agriculture the stand can be
the Group include and the area of overlap, the Fund does not provide a subsidy.
§ 5
The conditions for the inclusion of the subarrangements conservation porostního type
marketing file
(1) the applicant may submit only one application each year on the classification
the stand of the group into a legal basis under section 2 (b). and).
(2) The legal basis under section 2 (b). and you can include the entire the stand)
Group ^ 3) ^ 3) of forest land in the territory of the Czech Republic, which
at least 50% of its area is located on the territory of Natura 2000 ^ 4) or especially
protected area ^ 4), and which is not applied to the title of conservation
marketing file by Government Decree No 147/2008 Coll., on the establishment of
the conditions for granting subsidies to preserve the economic file
forest cover in the context of measures to Natura 2000 in forests.
(3) The legal basis under section 2 (b). and you cannot classify the applicant) that is
the State-sponsored organizations, organizational component of the State or State
undertaking.
(4) The legal basis under section 2 (b). and growing group) cannot be classified,
located on the territory of the city of Prague.
(5) The legal basis under section 2 (b). and) is a growing group,
that has at least one deck ^ 3), which satisfies the following conditions:
and) belongs to one of the supported the stand types of economic
^ 5) referred to in the annex to this regulation and
(b) a minimum age) the beginning of the period of the renewal, which shall be calculated as the
the difference between a term and a half time of regeneration time ^ 5), (hereinafter referred to as
"the selected deck").
(6) in the case of the stand of the Group achieves minimal mean value
zakmenění the chosen deck, or the sum of the values of the selected areas of the zakmenění,
at least five values of ^ 3) to the entire surface of the stand of the group.
(7) the applicant must have a valid plan, or an outline for the growing group,
It intends to include in the legal basis under section 2 (b). and), stored in the
digital form in the Institute for the treatment of forests (hereinafter referred to as "data
the warehouse ").
(8) the applicant in the field, must mark the boundaries of the stand of the group,
that are not clearly identifiable.
§ 6
The conditions for the inclusion of the protection and reproduction of the subarrangements gene pool of forest
tree species
(1) the applicant may submit only one application each year on the classification
the stand of the group into a legal basis under section 2 (b). (b) the greatest total).
included on one of the applicant's area of 1 000 ha for all applications submitted
application for inclusion in the framework of the legal basis for the entire programming
the period.
(2) The legal basis under section 2 (b). (b)) is a growing
Group ^ 3) ^ 3) of forest land in the territory of the Czech Republic, with the exception of the
the territory of the city of Prague, which is recognized as the source of the giving of the
of reproductive material, and it stands
and) for all phenotypic classes and forest tree species listed in annex No. 2
Decree No. 393/2013 Coll., on lists of species of forest tree species, or
(b)) for all phenotypic class B forest tree species listed in annex No. 2
Decree No. 393/2013 Coll., with the exception of the spruce, the pine forest system
and European larch.
(3) the Growing group, which is the subject of the application for inclusion shall be
included in the national programme of protection and reproduction of the gene pool of the forest
Woody ^ 6) or the applicant has filed a request for its inclusion in the national
the programme of protection and reproduction of forest tree species gene pool ^ 6), and is guided by the
in the central register of forest reproductive material ^ 7).
(4) the applicant must have a valid plan, or an outline for the growing group,
It intends to include in the legal basis under section 2 (b). (b)), stored in the
digital form in the data warehouse.
(5) the applicant must clearly indicate in the field the boundaries of the stand of the group,
that are not clearly identifiable.
section 7 of the
Request for a grant
(1) an application for the granting of subsidies for the calendar year shall transmit to the
each year, the applicant for the duration of the commitment of the Fund to the Fund issued by the
form, and by 15. May ^ 8) the calendar year for which the
the subsidy is to be provided.
(2) if the request for the granting of the subsidy is delivered after the time limit referred to in
paragraph 1, the Fund grant, under the conditions laid down in the article. 13 of regulation
(EU) no 640/2014 or does not provide the full amount of the request for
the subsidies will be rejected.
(3) at the same time with the delivery of the request for the grant of the subsidy provided in paragraph 1
the applicant delivers a single application form, indicating all it
obhospodařovanou area in accordance with the applicable provisions directly
The European Union governing finance, management and monitoring of the common
agricultural policy ^ 9).
(4) an applicant who is included in the legal basis under section 2 (b). and)
and shall state in the request) grant
1. clearly identify the ^ 3) selected areas,
2. the area listed on the stand of the group, which calls for the provision of
subsidies,
3. the information required from the plan or the outline and
4. indication of the restoration carried out in the case of the implementation of the renewal,
(b) shall submit annually to the Fund,) together with the application for the granting of subsidies,
the announcement confirmed a professional forest disaster, for the selected deck in
the stand of the group not to change porostního type of economic
the file; in the case of changes to the porostního file of the selected type of economic
floor stand group shall indicate in the notice the professional wood Treasurer new
the type of the file according to the growing economic annex to this regulation,
(c)), in the case of implementation delivers the recovery group, the chosen deck stand
together with the application for the granting of subsidies
1. notice of renewal, which shall clearly identify the ^ 3) of this
deck,
2. the date of the beginning of obnovních interventions, regeneration process and the method and extent of the
restoration in hectares, which the applicant has performed in the period from the submission of the last
application for the grant; If recovery was started in the framework of the
the applicable plan or outline prior to the inclusion of the applicant according to submeasure
section 2 (a). a), the applicant submits the request for the provision of subsidies
the announcement of the renewal already in the first year of the commitment,
(d)) shall in the case of changes to the porostního file of the selected type of economic
deck in the limits of the list referred to in the annex to this regulation which is
carried out with a view to maintaining or reaching favourable conservation status of the subject
protection in Natura 2000 areas or specially protected territory, together with the
applications for the granting of subsidies to the opinion of the locally competent authority
the protection of nature. When this change occurred in the period
1. from the date of submission of the grant until 31 December 2006. December
the calendar year, the applicant submits the opinion locally
the competent authority for nature protection by no later than 31 December 2006. January
the following calendar year,
2. from 1. January of the calendar year to the date of filing of the application for
the granting of the subsidy, the applicant submits the opinion to the locally competent authority
protection of nature, together with the application for the granting of subsidies.
(5) the applicant, which is included in the legal basis under section 2 (b). (b)), the
in the request for grant
and) ^ 3) uniquely identify a growing group that meets
the conditions referred to in section 6 (1). 2,
(b) the area of the stand) included the group, which calls for the provision of
subsidies, and
(c) the information required from the plan) or outline and evidence of reproductive
material of forest tree species.
§ 8
Conditions for the granting of the subsidy
(1) subsidies measures of forest-environment and climate services and
protection of forests shall be granted if the
and the applicant is inserted into) submeasures referred to in § 2 and in this Sub-measure
the stand is included also a group referred to in the request for inclusion,
(b) in the case of the applicant) the Fund was unable to detect violations of the conditions referred to in section 2 of the legal basis in
the calendar year, which as a result would be to reduce,
failure to provide or the return of subsidies,
(c)) are in the field, clearly marked with the boundaries of the stand of the group, classified
If they are not clearly identifiable, for the entire duration
the undertaking pursuant to § 3 (2). 1,
(d)) the applicant managed to cross-compliance in accordance with the rules referred to in
Annexes 1 and 2 of Decree-Law No. 309/2014 Coll., on the determination of the consequences of
violation of the provision of certain agricultural aid conditionalities, in
the text of the regulation of the Government No. 50/2015 Coll., throughout the calendar year for all
It cultivated farmland, on the stand groups included
to the degree Government Regulation No 53/2009 Coll., regulation of the Government No.
147/2008 Coll., or included in the legal basis pursuant to section 2 and
(e)), the applicant has the duration of the commitment of the plan or the outline for the
the stand included a group stored in digital form in the data warehouse.
(2) Subsidies for under section 2 (b). and shall be granted, if)
and in the growing stage) group or in the context of a possible renewal
the selected deck stand group is for the duration of the undertaking is retained
the stand included the type of marketing file; the subsidy shall be granted in
the case, if there is a change, according to § 7 (2). 4 (b). (b)), and (d)),
(b) in the case of restoring) the selected deck in the stand group is in the
the renewed stage complied with the representation of the main tree species of the characteristic
for at least 50% of the stand type, or followed the shape of the forest for the Woods
low ^ 5), at the latest at the time of the subsequent crop ^ 10); If
is the representation of the main tree species or the sum of the representation of the main tree species
According to the annex to this regulation, at least 50%, this is the prevailing
representation,
(c) in the case of restoring) the selected deck in the stand group is in the
the last year of the commitment in the restored stage complied with representation
the main tree species characteristic of the type of growing at least 50%, or
followed the shape of the forest for the Woods low ^ 5) referred to in the annex to this regulation, and
(d)) in the case of the stand of the Group achieves minimal mean value
zakmenění the chosen deck, or the sum of the values of the selected areas of the zakmenění,
at least five values of ^ 3) to the entire surface of the stand of the Group; This condition is
does not apply, if it is implemented in the recovery stage.
(3) the main tree species characteristic of stand types of economic
files are set out in the annex to this regulation.
(4) the subsidy for under section 2 (b). (b)) shall be provided, if
the applicant
and growing) on each listed group performs at least once in the course of the
the duration of the undertaking the collection of reproductive material, green technologies, for
which collection is considered to be the basic material of standing trees
the procedure nepoškozujícím trees and seed; This collection is
carry out no later than the date of the last application for a grant
during the duration of the undertaking,
(b) shall submit a notice of collection) reproductive material ^ 11) carried out in accordance with
(a)) on a form issued by the Fund in charge of person ^ 12), and at least
15 days before the collection of the basic material,
(c)) for the duration of the undertaking of building the stand group
included in the national programme of protection and reproduction of the gene pool of the forest
Woody ^ 6), or request its inclusion, and
(d)) for the duration of the undertaking of building the stand-led group
in the central register of forest reproductive material ^ 7).
§ 9
The rate of subsidy
(1) the rate of the subsidy shall be
and EUR 183/1) ha groups included in the legal basis pursuant to section 2
(a). and)
(b)) 74 EUR/1 ha of the group included in the legal basis under section 2 (b).
(b)).
(2) the amount of the subsidy on the legal basis pursuant to section 2 of the Fund calculated as a product of
Desktop stand Group on forest land ^ 3), which is provided by the
subsidies under the Sub-measure under section 2, and the rate set by the
in accordance with paragraph 1.
(3) Fund will provide grant money in the currency of the Czech Republic; the rate of subsidy under
paragraph 1, differs according to the exchange rate, which is published in
the last Official Journal of the European Union on the date of 31. December
the calendar year preceding the year for which the subsidy provides.
If this is not the date of the exchange rate is fixed, the closest
the previous exchange rate.
§ 10
Changing areas included growing group
(1) if the applicant intends to during the duration of the obligation to include a new stand
Group to the submeasures referred to in § 2 shall submit to this growing group of new
request for the inclusion of the new undertaking. Fulfilment of the conditions shall be assessed by the new
the stand included in the Group of the new undertaking separately.
(2) if the applicant proves that during the duration of the commitment referred to in § 3
paragraph. 1 to reduce the stand area group listed in
submeasures referred to in § 2, on the basis of the
and the restitution of property or compensation) with churches and religious
companies ^ 13),
(b)) to perform landscaping ^ 14)
(c) force majeure) ^ 15),
(d) the establishment of the structures in the public) interest ^ 16),
(e) the land-recovery operátu) ^ 17), if made on the basis of the
the results of the land, or
(f) a change in the definition area) Natura 2000 ^ 4) or especially protected
the territory of ^ 4),
The applicant shall provide a subsidy Fund for the calendar year in which the
reduction of growing areas of the group, taking into account the reduced area. In
the following years, the Fund will provide a grant of the corresponding reduced desktop
the stand of the group.
(3) If in the course of the duration of the commitment referred to in § 3 (3). 1 the applicant
to change the desktop stand groups included in the legal basis pursuant to section 2 on
the basis of other facts than those referred to in paragraph 2, the Fund will provide
the subsidy to the modified area and in the case of a reduction of the area decides to return
the subsidies granted to the area, which was the original surface is reduced.
(4) If in the course of the duration of the commitment referred to in § 3 (3). 1 the applicant
to change the desktop stand groups included in the legal basis pursuant to section 2
compared to the plan or chart valid at the time of the first inclusion of the stand
Group
and not more than 15%) of the Fund to an applicant on the basis of applications for the granting of
subsidies, in which the applicant shall indicate the modified area, will provide a subsidy to this
the modified area,
(b)) by more than 15% and not more than 100% of the applicant Pool and delivers the certificate
Vocational Forestry Fund, the applicants on the basis of the request for
the granting of a subsidy, in that the applicant shall indicate the modified area, provide
grant to this modified area, or
(c)) by more than 100%, the Fund shall decide on the disposal of the growing group
submeasures referred to in section 2 and shall decide on the repayment of subsidies granted to the desktop
the entire classified group, on which stand the condition was violated.
(5) If in the course of the duration of the commitment referred to in § 3 (3). 1 the applicant
to change the desktop stand groups included in the legal basis pursuant to section 2
compared to the plan or chart valid at the time of the first inclusion of the stand
the group so that the
and growing group) located at least 95% of the area within the stand
the Group of the plan or the outline of this belt, plus Fund
the applicant, on the basis of applications for the granting of a subsidy, in that the applicant
the modified area shall provide a subsidy to this, the modified area,
(b)) does not meet the growing group of positional accuracy in accordance with point (a)
and is located at least) but 95% of the area within the stand of the group plan
or outline of the enlarged applicant Pool čtyřicetimetrový belt and delivers
confirmation of professional forestry, at the request of the applicant Pool
grant, in that the applicant shall indicate the modified area, provide
grant to this modified area, or
(c)), the growing group of at least 95% of the area is not within the stand
the Group of the plan or the outline of an enlarged Pool of čtyřicetimetrový belt
decide on the disposal of a growing group of legal basis pursuant to section 2 and shall decide
on the repayment of subsidies granted to the area of the entire classified group of growing,
that condition was violated.
(6) If, during the duration of the commitment referred to in § 3 (3). 1 the applicant
to change the desktop stand groups included in the legal basis pursuant to section 2,
that group included the stand meets the conditions of paragraph 5 (b). and)
or (b)), and there is no penetration with a growing group of the plan or the outline
valid at the time of the first classification, this growing group, categorize
only with the confirmation of professional forestry.
(7) when you change the classification cannot be overlapping groups of stand
one of the applicant. If the stand area when changing group classification
extends to the area of growing group of another applicant, or the person
the subsidy does not request, or in areas of growing group that cannot be the person on the
This growing group of agencies to identify, on the stand
the group must submit an application for amendment of the classification and the desktop overlay Fund grant
does not provide. In the case of the stand groups with overlapping soil block led by
in the records of the use of agricultural land according to the user by
the law on agriculture can be on growing the group to submit a request for change
the classification and the area of overlap, the Fund does not provide a subsidy.
(8) the applicant shall submit an application for a change to the Fund, if a change
Desktop stand included in the group by section 2 of the subarrangements occurred in
as a result of the facts referred to in paragraph 2 or 3, to the nearest 15.
March. If the request is submitted after this date, it will be rejected. Time limits
referred to in this paragraph shall not apply to the notification of the intervention of a higher
Power ^ 15).
(9) the applicant with a request to change the classification of showing confirmation of vocational
forest, that the newly included changed the stand area group
meets the conditions referred to in paragraph 4 (b). (b) in paragraph 5 (b)). (b)) and
paragraph 6 and that is the same as with the flat the whole growing group located
in the terrain. The applicant shall ensure that the visible sign of the newly added components boundaries
the area of growing group in the field, if they are not clearly
identifiable. If the applicant submits the confirmation of professional forestry
the householder, or if the control was not found to be included
the whole growing group, the Fund group from the stand according to submeasure
section 2 and shall decide on the return of a subsidy granted to the area of the entire classified
the stand of the group.
(10) the Fund on the basis of the request for reclassification submitted pursuant to paragraphs 2 and
3 decide on inclusion into the submeasures referred to in section 2, taking into account the change in the
desktop. If the applicant submits a request for change, which reduces the
the area referred to in paragraph 2 or 3, included in the legal basis pursuant to section 2 of the
all the included desktop, decides to Fund the disposal of the applicant of the
submeasures referred to in § 2; any obligation to return the subsidy or its part
This does not affect.
§ 11
Changes included the stand group
(1) in the case of a change of identification included growing group the applicant submits
The Fund in the next year, after the first year of the new plan or outline
request for change of classification, stating the original identification and
identification of a new plan or an outline, which the applicant shall forward the
digital form in the data warehouse; The Fund on the basis of a request for change
the classification shall decide to amend the classification into legal basis pursuant to section 2
taking into account the reported change of identification.
(2) in the first year of the plan or the outline for a growing group of Fund
When you check in the corresponding calendar year to changes concerning the plan
or outline; any obligation to return the subsidy or its part
This does not affect.
(3) If, on the basis of the changes to the plan or the outline to merge
the stand groups with the same year of the duration of the undertaking, or to the distribution of
the stand of the group, the Fund on the basis of applications for a change of classification shall decide on
change the classification of the legal basis pursuant to section 2 and shall provide a subsidy to the desktop
the newly formed group, the stand or the sum of the areas newly born
the stand groups, with the identification of a new plan or an outline by
paragraphs 1 and 2 and article 10, paragraph 1. 2 to 10. If the Fund finds that have not been merged
included with the same group of growing year of the duration of the undertaking or
legal basis under section 2 (b). and the stand with the same group) porostním
the type of the file, the Marketing Fund this new stand
a group of legal basis pursuant to section 2 and the applicant is obliged to return the subsidy
granted to the area of the whole stand of the group, which was a condition of
infringed.
(4) if the merge included the stand groups or to
the Division included the stand of a group referred to in paragraph 3,
flat and spatial tolerance, pursuant to section 10, paragraph 1. 4 to 6 in the territorial change
as a whole. The territorial change is always assessed against the plan or the outline
valid at the time of the first classification.
(5) in the event that included growing the Group was checking on the spot
detected a mismatch with the inclusion under section 3 (3). 5, the applicant shall submit to the Fund
request for change of classification in accordance with section 10, paragraph 1. 8 taking into account this fact
the latest in the year following the year of the receipt of the results of the checks.
If the applicant fails to do so, the Fund shall decide on the disposal of a growing group of
of the legal basis pursuant to section 2 and shall decide on the repayment of subsidies for the whole area
put out the stand of the group.
(6) the procedure referred to in paragraph 5 shall not apply if the control on the
the spot detected a mismatch with the inclusion under section 3 (3). 5 in the framework of the
the stand groups of one applicant, and this mismatch
and on the stand boundary) consists of a group of belt maximum width of 3 meters and
(b) the area of overlap, or nedokryvu) with the neighbouring stand group is
a maximum of 100 m2 for each such surface.
§ 12
The reduction or withholding of subsidies
(1) if the Fund finds that the applicant has violated the condition of ensuring a visible
marking the boundaries of the stand of the group referred to in section 8 (2). 1 (a). (c)), or
§ 10 (1). 9, reducing the subsidy pursuant to section 2 of the legal basis for the
calendar year, calculated under section 9, about 3%.
(2) if the Fund finds that the applicant has not met the condition of section 7 (1). 3 and
the difference between the total area referred to in the single application ^ 18) and a summary of the
the total area referred to in the single application and in the single application
nevykázané is
and) greater than 3% but less than or equal to 4% of the areas referred to in the uniform
request a grant shall be reduced by 1% ^ 19),
(b)) is higher than the 4% but less than or equal to 5% of the areas referred to in the uniform
the application, reducing the subsidy of 2% ^ 19),
c) higher than the 5% of the areas referred to in the single application, the grant shall be reduced by 3
% ^ 19).
(3) if the Fund finds that the applicant has violated the condition referred to in section 8 (2). 4
(a). and) by has not made at least one collection of reproductive material
green technologies non-injurious trees not later than the date of
the last request for the granting of subsidies during the duration of the undertaking,
does not provide the applicant with the included stand, on which the Group has broken
This condition, on the calendar year.
section 13
Reimbursement and disposal
(1) if the Fund finds that the Group has been growing over the duration of the undertaking
violated the condition pursuant to section 8 (2). 1 (a). (e)), the Fund excludes the stand
a group of legal basis pursuant to section 2 and shall decide on the repayment of subsidies granted to the
on the surface, the entire the stand of the group to which this condition was violated.
(2) if the Fund finds that the Group has been growing over the duration of the undertaking
violated the condition pursuant to section 8 (2). 2 (a). and) and if this is not the change
porostního type of file within the limits of the list referred to deck
in the annex to this regulation, the Fund excludes a growing group of submeasure
pursuant to section 2 (a). and on the return) and decides to subsidies granted to the desktop
the whole growing group to which this condition was violated.
(3) if the Fund finds that the Group has been growing over the duration of the undertaking
violated the condition pursuant to section 8 (2). 2 (a). b), c) or (d)), the Fund excludes
growing group of subarrangements pursuant to section 2 (a). and decides to return)
a subsidy granted to the area of the whole stand of the group, which was
condition is violated.
(4) if the Fund finds that u put out the stand of the Group during the
the duration of the obligation breached a condition under section 8 (2). 4 (b). and (c)), or)
(d)), the Fund excludes a growing group of legal basis under section 2 (b). (b)) and
decide on the return of a subsidy granted to the area across the stand of the group,
that this condition was violated.
(5) the Fund decides to return the subsidy, if the applicant fails to comply with the commitment
According to § 3 (2). 1 as a result of
and the restitution of property or compensation) with churches and religious
companies ^ 13),
(b)) to perform landscaping ^ 14)
(c)) construction in the public interest ^ 16),
(d) the land-recovery operátu) ^ 17), if made on the basis of the
the results of the land, or
(e) the demarcation of the area) Natura 2000 ^ 4) or especially protected
the territory of ^ 4).
(6) if the Fund detects a violation of the conditions of the legal basis pursuant to section 2, which
has resulted in the return of the already provided subsidies, repayment of subsidies
a maximum subsidy provided over 4 calendar years
immediately preceding the year in which the violation occurred
the conditions; in the case of detection of violation of the conditions of the legal basis pursuant to section 2
expiry of the relevant five-year period, the reimbursement shall be applied
no more than the subsidy granted for 5 calendar years.
§ 14
The transition to the inclusion
(1) If a natural person who is the applicant, quits, or
legal person who is the applicant, ceases to exist without liquidation, and legal
the successor of this person, the new owner, a new tenant, the new borrower or
the new sharecropper forest land previously managed by the applicant (hereinafter
"the purchaser") shall notify the Fund to the Fund issued by the
form no later than 30 calendar days from the date of transfer of forest
land previously managed by the applicant to the purchaser in writing to
undertake to continue in full compliance with the conditions of the competent
submeasures referred to in § 2 shall not constitute a failure to comply with the conditions
established for the relevant legal basis in § 2.
(2) If, as a result of the transfer or gradient, rental or lease of
or the whole business of race occurs in the course of the relevant obligation for
the applicant to reduce acreage classified area, which is within the
the respective submeasure provided subsidies, and the transferee of part or
the whole business of a race shall notify the Fund to the Fund issued by the
form no later than 30 calendar days from the date of transfer of forest
land previously managed by the applicant to the purchaser in writing to
undertake to continue the fulfilment of the conditions of the respective submeasure on acquired
part of this race in the same range, and undertakes to
the applicant, in writing, that the transferor, as in the case of transfer of part of the
the business of the race will continue in compliance with the conditions of the competent
submeasures referred to in § 2 of the nepřeváděné part of the business establishment, Fund of
reduction, withholding or return subsidy decides.
(3) if the transferee undertakes in writing that will continue in the implementation of the
the terms of this legal basis on acquired forest land under surface
paragraph 1 or 2, a new request for the inclusion of an already not served; This
the fact, however, the Fund shall notify the Fund issued form, stating the
Desktop stand included in the Group of Fund and provides for the legal basis,
in the new decision on the classification of the remaining part of the period after which the
the licensee included in this Sub-measure.
(4) if the transferee in writing to vowed to continue in full
fulfilment of the conditions of the respective submeasure on acquired forestlands
in accordance with paragraph 1 or 2, and if in the course of the period was
the original applicant or licensee included in the respective submeasure, to
failure to comply with the terms of this legal basis on forestlands, on which
was granted subsidies, decides to Fund the return of subsidies
the purchaser, for the period, which was the original applicant or licensee
included.
§ 15
Common provisions
(1) One growing group within each submeasures referred to in § 2
may include only one applicant.
(2) If non-compliance with the conditions laid down in this regulation in the
force majeure ^ 15), the provisions of section 12(2). 1 or 2 or §
13 (3). 1 to 3 shall not apply.
(3) the stand of the group, which have been included in the title of the conservation
the economic file, according to the Government Decree No 147/2008 Coll., cannot be
include in the legal basis under section 2 (b). and).
(4) the Fund for the calculation of the figures referred to in this Regulation shall apply
mathematical rounding to 2 decimal places. The zakmenění is used
mathematical rounding to an integer and the representation of tree species on the whole
the percentage.
section 16 of the
Transitional provisions
(1) an applicant who intends to make an application for classification under section 3 in 2016,
the Fund will deliver this request to 15. March 2016 for commitment, beginning in
2016.
(2) The growing group, included in 2016 to submeasures referred to in § 2
(a). (b)) in the first year of the duration of the undertaking § 8 paragraph. 4 (b). (c))
It does not apply.
PART THE SECOND
Change of government regulation on the determination of the conditions for granting subsidies to
conservation of economic forest cover within the file action Natura
2000 in the Woods
§ 17
The Government Decree No 147/2008 Coll., laying down conditions for the granting of
subsidies on the conservation of economic forest cover within the file
measures to Natura 2000 in forests, as amended by regulation of the Government No. 51/2009 Sb.
Government Regulation No. 83/2009 Coll., regulation of the Government No. 480/2009 Coll., regulation
Government no 369/2010 Coll., regulation of the Government No. 106/2012 Coll., regulation of the Government
No 448/2012 Coll., regulation of the Government No. 76/2013 Coll., regulation of the Government No.
400/2013 Coll., regulation of the Government No. 29/2014 Coll., regulation of the Government No. 308/2014
Coll. and regulation of the Government No. 113/2015 Coll., is hereby amended as follows:
1. In section 2 (2). 3 (b). and, § 4, paragraph 4). 3 (b). (d)), section 8 (2). 2 and in section 9
paragraph. 1 the words "No 1", shall be deleted.
2. In section 3, paragraph 3. 3 (d)) shall be deleted.
Letter e) is renumbered as paragraph (d)).
3. In section 3, paragraph 3. 3 (d)):
"(d)), the plot of the area selected for inclusion in the Group of growing a map at a scale of
1:10 000 or more detailed ".
4. In article 5 (d)) and e) are added:
"(d) in the case of restoring) the selected deck in the selected stand
the group is in the restored stage complied with the representation of the main tree species
the characteristics of the stand for a type of at least 50%, or followed the shape of the
the forest for the Woods low ^ 8), at the latest at the time of the subsequent
crop ^ 10); If the representation of the main tree species or the sum representation
the main tree species referred to in annex I to this regulation at least 50%, this is
about the prevailing representation,
(e) in the case of restoring) the selected deck selected group in the stand
It is in the final year of the duration of the undertaking in the restored stage complied with representation
the main tree species characteristic of the type of growing at least 50%, or
followed the shape of the forest for the Woods low ^ 6) according to the annex to this regulation. "
5. section 7, including the title and footnotes 12 to 16:
"section 7 of the
To change the selected desktop stand group
(1) an application for inclusion in the title of conservation marketing file
the Fund cannot be made for the period commencing in 2014 and for the period
the following.
(2) if the applicant proves that during that twenty years
period to reduce the desktop stand included in the selected group
the title of the file based on the preservation of the economic
and the restitution of property or compensation) with churches and religious
companies ^ 12)
(b)) to perform landscaping ^ 13),
(c)) force majeure ^ 14)
d) construction in the public interest ^ 15),
(e) the land-recovery operátu) ^ 16), if made on the basis of the
the results of the land, or
(f) a change in the definition area) Natura 2000 ^ 5), the Fund shall provide to the applicant a subsidy
for the calendar year in which it occurred to reduce the stand area selected
the group, taking into account the reduced area. In the following years the Fund
will provide the subsidy corresponding to the reduced desktop selected growing group.
(3) If during the relevant period of twenty years the applicant
to change the selected desktop stand included in the title of the conservation group
marketing file based on the other facts than those referred to in
paragraph 2, the Fund will provide a subsidy to the modified area corresponding to a change
area and in the case of the reduction of the area decides to return the subsidy provided by the
on the surface, which was the original surface is reduced.
(4) If during the relevant period of twenty years the applicant
to change the selected desktop stand included in the title of the conservation group
marketing plan outline compared file or valid at the time of the first
the inclusion of a selected group of growing
and not more than 15%) of the Fund to an applicant on the basis of applications for the granting of
subsidies, in which the applicant shall indicate the modified area, will provide a subsidy to this
the modified area,
(b)) by more than 15% and not more than 100% of the applicant Pool and delivers the certificate
Vocational Forestry Fund, the applicants on the basis of the request for
the granting of a subsidy, in that the applicant shall indicate the modified area, provide
grant to this modified area, or
(c)) by more than 100%, the Fund shall decide on the disposal of a selected group of growing
by virtue of the maintenance of the economic file, and decide on the repayment of subsidies
provided on the entire surface of a selected group of growing, which was
condition is violated.
(5) If during the relevant period of twenty years the applicant
to change the selected desktop stand included in the title of the conservation group
marketing plan outline compared file or valid at the time of the first
the inclusion of a selected group of growing, so that the
and the selected group) stand located at least 95% of the area within the
the stand of the group from the plan or the outline of an enlarged about this belt,
The Fund to an applicant on the basis of applications for the granting of a subsidy, in that the applicant
the modified area shall provide a subsidy to this, the modified area,
(b)) the selected stand group does not meet the condition of positional accuracy according to
(a)) but is at least 95% of the area within the growing group
of the plan or the outline of the enlarged čtyřicetimetrový belt and the applicant Pool
delivers the confirmation of professional forestry Fund, the applicant, on the basis of
the application for the granting of a subsidy, in that the applicant shall indicate the modified area,
will provide a subsidy to the modified area, or
(c)), the stand is not selected, the Group of at least 95% of the area within the
the stand of the group plan or outline of the enlarged čtyřicetimetrový belt
The Fund decides on the disposal of a selected group of the title stand maintenance
the economic file, and decide on the return of a subsidy granted to the desktop
entire group selected the stand on which the condition was violated.
(6) If during the relevant period of twenty years of the applicant
to change the selected desktop stand included in the title of the conservation group
the economic file, so that the stand included the Group meets
the conditions of paragraph 5 (b). and) or (b)), and there is no penetration with stand
a group from the plan or outline a valid at the time of the first classification, the
growing the group to include only the confirmation of professional forestry
the householder.
(7) when you change the classification cannot be selected overlay of stand
one applicant groups. If the selected group in the area of the stand
change in classification of the group reaches out to the stand area of another applicant, or
the person who does not ask for a subsidy, or in areas of growing group, with which the
cannot be the person to this growing group of agencies to identify, at
the selected growing group to request a change to the classification and to the desktop
the overlap does not grant Fund. In the case of overlay selected stand
the group with the soil block held in the records of the use of agricultural land
According to user relationships under the law on agriculture can be selected
growing the group to request a change to the classification and the overlap area
The Fund does not provide a subsidy.
(8) the applicant shall submit an application for a change to the Fund, if a change
Desktop stand included in the selected group of the title conservation
the economic file, as a result of the facts referred to in paragraph
2 or 3 to the nearest 15. March. If the request is submitted after this date,
Fund to reject it. The time limits referred to in this paragraph shall not apply to
notice of force majeure ^ 14).
(9) the applicant with a request to change the classification of showing confirmation of vocational
the forest of the householder, the newly selected area changed the stand included
the Group meets the conditions referred to in paragraph 4 (b). (b) in paragraph 5 (b)). (b))
and in paragraph 6 and that is the same as with the flat the whole growing group selected
located in the field. The applicant shall ensure that visible marking the border
the newly added components of the area of the selected group in the field of growing, if not
clearly identifiable. If the applicant submits the confirmation of vocational
the forest of the householder, or if the control was not found
included the whole growing group selected, the growing group of Fund
the title of the conservation of the economic file, and decide on the repayment of subsidies
provided on the stand the whole area included in the group.
(10) the Fund on the basis of the request for reclassification submitted pursuant to paragraph 2
or (3) shall decide on the inclusion in the title of the preservation of the economic file with
taking into account the change in the area. If the applicant submits a request for change to the classification,
that reduces the area referred to in paragraph 2 or 3 to the title
maintaining the economic file of all of the included desktop, decides
The Fund for the decommissioning of the applicant in respect of the preservation of the economic file;
any obligation to return the subsidy or its part is not affected.
12) Act No. 229/1991 Coll., on the adjustment of the ownership of land and other
agricultural property as amended by later regulations.
Law No. 428/2012 Coll. on securities settlements with churches and religious
companies and on amendments to certain acts (the Act on the securities settlement with
churches and religious societies), in the wording of the finding of the Constitutional Court
declared under the No 177/2013 Sb.
13) Law No 139/2002 Coll., on land and land offices
and on the amendment of the Act No. 229/1991 Coll., on the adjustment of the ownership of the soil and
other agricultural property as amended by later regulations.
14) Article. 2 (2). 2 regulation of the European Parliament and of the Council (EU) No.
1306/13 of 17 November 2003. December 2013 for the financing, management and monitoring
the common agricultural policy and repealing Council Regulation (EEC) no 352/78,
(EC) No 165/94, (EC) No 2799/98, (EC) no 814/2000, (EC) No 1290/2005 and
(EC) No 485/2008.
Article. 4 Commission delegated Regulation (EU) no 640/2014 of 11 September.
March 2014, supplementing the regulation of the European Parliament and of the Council
(EU) no 1306/2013 as regards the integrated administration and control
system and the conditions for refusal or withdrawal of payments and administrative penalties
applicable to direct payments rural development support and conditionality.
15) Law No 183/2006 Coll. on territorial planning and building regulations
(the building Act), as amended.
16) section 40 of Act No. 256/2013 Coll., on the real estate cadastre (land registry
Act), as amended. ".
6. in section 7 shall be added to § 7a which including title:
"§ 7a
Changes in the selected stand group
(1) in the case of changes to the identification of a selected group of growing the applicant submits
The Fund in the next year, after the first year of the new plan or outline
request for change of classification, stating the original identification and
identification of a new plan or an outline, which the applicant shall forward the
digital form in the data warehouse; The Fund on the basis of a request for change
the classification shall decide to amend the inclusion in the title of the preservation of the economic
taking into account the file reported the identification of change.
(2) in the first year of the plan or the outline for the selected stand
the Group Fund when you check in the corresponding calendar year changes
concerning the plan or the outline; any obligation to return
the subsidy or its part is not affected.
(3) If, on the basis of the changes to the plan or the outline to merge
the selected stand with the same year groups, the beginning of the
the period of twenty years, or to the distribution of the selected group on the stand, the Fund
the basis of a request to change the classification of the change in classification to decide title
maintaining the economic file, and will provide a subsidy to the area the newly
arising from the selected group, or the sum of the stand areas newly born
the selected stand groups, with the identification of a new plan or an outline
referred to in paragraphs 1 and 2 and § 7 (2). 2 to 10. If the Fund finds that have not been
merged included the stand with the same group, the beginning of the year
the period of twenty years, or stand with the same group of porostním type
the economic file, discards the Fund follows a newly formed group of growing
by virtue of the maintenance of the economic file, and the applicant is required to return
the subsidy granted to the area of the entire selected growing groups
the condition was violated.
(4) If to merge the selected stand groups or to
the distribution of selected stand group referred to in paragraph 3, flat
and the spatial tolerance according to § 7 (2). 4 to 6 in the territorial change as
whole. The territorial change is always assessed against the plan or outline a valid in the
the first-time inclusion.
(5) in the event that the selected control group was growing on the site
detected a mismatch with the inclusion under section 3 (3). 4, the applicant shall submit to the Fund
request for change of classification, taking into account this fact at the latest in
the following year, after receiving the results of the checks. If the applicant as follows
they do not, the Fund shall decide on the disposal of a selected group of growing from the title
maintaining the economic file, and decide on the return of subsidies to the desktop
entire group selected stand.
(6) the procedure referred to in paragraph 5 shall not apply if the control on the
the spot detected a mismatch with the inclusion under section 3 (3). 4 in the context of the selected
the stand groups of one applicant, and this mismatch
and on the stand boundary) consists of a group of belt maximum width of 3 meters and
(b) the area of overlap, or nedokryvu) with the neighbouring stand group is
a maximum of 100 m2 for each such area. ".
7. In section 8 (2). 3, the words "section 7 (2). 7 ' shall be replaced by the words "§ 7 (2). 9. "
8. In article 9, the following paragraph 4 is added:
"(4) if the Fund detects a violation of conditions for the conservation title
the economic file, which has resulted in the return of the already provided
subsidies, reimbursement up to the subsidy granted in
during 19 calendar years immediately preceding the year in
which the violation occurred; in the case of detection of violation of the conditions
the title of the preservation of the economic file after expiry of the relevant
the period of twenty years, the reimbursement shall be applied to no more than the subsidy
granted for the 20 calendar years. ".
9. section 9a incl title:
"§ 9a
The transition to the inclusion
(1) If a natural person who is the applicant, quits, or
legal person who is the applicant, ceases to exist without liquidation, and legal
the successor of this person, the new owner, a new tenant, the new borrower or
the new sharecropper forest land previously managed by the applicant (hereinafter
"the purchaser") shall notify the Fund to the Fund issued by the
form no later than 30 calendar days from the date of transfer of forest
land previously managed by the applicant to the purchaser in writing to
undertake to continue in full compliance with the conditions of the title conservation
the economic file, shall not constitute a failure to comply with the conditions
established for the conservation title of the economic file.
(2) If, as a result of the transfer or gradient, rental or lease of
or the whole business of race occurs in the course of the relevant obligation for
the applicant to reduce acreage classified area, which is under the title
maintaining the economic file provided by subsidies, and the transferee of part of the
or the whole business of the plant shall notify the Fund to the Fund
issued form no later than 30 calendar days from the date of transfer
forest land previously managed by the applicant on the transferee and
in writing shall undertake to continue the fulfilment of the conditions of the title conservation
marketing file on the part of the business acquired the plant in
the same extent, and undertakes in writing to the applicant that as the transferor in
the case of the transfer of part of the business of the race will continue in the implementation of the
the terms of the title of the file nepřeváděné on the conservation of the economic part of the
a commercial plant, the Fund for the reduction, lack of or reimbursement
decides.
(3) if the transferee undertakes in writing that will continue in the implementation of the
the title conservation file on desktop marketing acquired forest land
in accordance with paragraph 1 or 2, a new request for the inclusion of an already not served; This
the fact, however, the Fund shall notify the Fund issued form, stating the
Desktop stand included in the selected group of the title conservation
the economic file, and the Fund shall lay down in a new classification decision
the remaining part of the period during which the purchaser will be included in this
the title.
(4) if the transferee in writing to vowed to continue in full
fulfilment of the conditions of the title conservation marketing file on the acquired
forestlands in accordance with paragraph 1 or 2, and if in the course of the period,
that was the original applicant or licensee included in the title of the conservation
the economic file, for failure to comply with the terms of this title on the forest
the grounds on which the subsidy is granted, shall decide on the return of the Fund
the aliquot part of the subsidy by the transferee for the period, which was the original
the applicant or licensee. ".
10. In section 10, at the end of paragraph 2 the following sentence "the representation of the tree species with
apply mathematical rounding to whole percent. ".
11. Appendix 1:
"The annex to the regulation of the Government No. 147/2008 Sb.
The list of supported file types, and the stand of the main economic
tree species typical for each of the supported types of growing economic
files for the title of conservation marketing file
--------------------------------------------------------------------------------------
Stand type Code porostního type of Main tree species
--------------------------------------------------------------------------------------
Burning 2 silver fir
--------------------------------------------------------------------------------------
Oak 5 oak, Quercus petraea, sessile oak, Oak
CER, Elm habrolistý, leaved
--------------------------------------------------------------------------------------
Beech 6 European beech, European ash, javormléč,
Sycamore Maple, Elm, line and reckless.
habrolistý, Elm, Elm,
leaved, LIPA macrophylla
--------------------------------------------------------------------------------------
Other deciduous 7 hornbeam, Norway Maple, Sycamore Maple,
Maple, European ash, line and reckless. ash
angustifolia, Elm, Elm habrolistý
Mountain, Elm, birch, FIR
White Birch, crane bird, crane
Sorbus ARIA, Sorbus torminalis, Gean,
Lipa, Lipa, heart-shaped macrophylla
Alnus glutinosa, Alnus, Salix jíva, grey
White willow, Aspen
--------------------------------------------------------------------------------------
Topolový 8 White Poplar, black poplar, Aspen
--------------------------------------------------------------------------------------
Low forest (pařeziny) 9 low forest (pařeziny)
--------------------------------------------------------------------------------------“.
12. Annex 2 shall be deleted.
section 18
The transitional provisions of the
Procedures for applications, which was launched by the Government Regulation No.
147/2008 Coll., as amended effective prior to the date of entry into force of this
Regulation, and that was not before the date of the entry into effect of this regulation
been completed, shall be completed in accordance with the Government Decree No 147/2008 Coll.,
in the version effective before the date of entry into force of this regulation.
PART THE THIRD
Change of government regulation on the determination of the conditions for granting subsidies to
forest-environment measures
§ 19
Government Regulation No. 53/2009 Coll., laying down conditions for the granting of
subsidies for forest-environment measures, as amended by Decree-Law No.
83/2009 Coll., regulation of the Government No. 480/2009 Coll., regulation of the Government No. 369/2010
Coll., regulation of the Government No. 108/2012 Coll., regulation of the Government No. 448/2012 Sb.
Government Regulation No. 75/2013 Coll., regulation of the Government No. 400/2013 Coll., regulation
No 29/2014 Coll., regulation of the Government No. 308/2014 Coll. and regulation of the Government
No 113/2015 Coll., is hereby amended as follows:
1. In section 2 (2). 3 (b). (b)), for the words "groups" following the word
"average" and the words "at least seven-tenths full zakmenění"
replaced by the words "at least seven value ^ 5) on the whole surface of the stand
the group ".
2. In article 2, paragraph 4 shall be deleted.
Paragraphs 5 to 8 shall be renumbered as paragraphs 4 to 7.
3. In section 3, paragraph 3. 3, letter e) shall be deleted.
Subparagraph (f)), and (g)) shall become letters (e)), and (f)).
4. In section 3, paragraph 3. 3 (f)):
"(f)) the plot area selected for inclusion in the Group of growing a map at a scale of
1:10 000 or more detailed ".
5. In section 5 (a). (d)), after the words "§ 3 (3). 3 (b). and the word) "
"the average", the words "tenths of a full zakmenění" shall be deleted and the end of the
the text of the words "on the entire surface of the chosen stand group".
6. section 7, including the title and footnotes 12 to 16:
"section 7 of the
To change the selected desktop stand group
(1) an application for inclusion in the title of the improvement of species composition cannot be
The Fund made for the period commencing in 2014 and for the following period.
(2) if the applicant proves that during that twenty years
period to reduce the growing areas included in the Group
title improving the species composition on the basis of the
and the restitution of property or compensation) with churches and religious
companies ^ 12)
(b)) to perform landscaping ^ 13),
(c)) force majeure ^ 14)
d) construction in the public interest ^ 15), or
(e) the land-recovery operátu) ^ 16), if made on the basis of the
the results of the land,
The applicant shall provide a subsidy Fund for the calendar year in which the
reduction of growing areas of the group, taking into account the reduced
the desktop. In the following years, the Fund will provide the subsidy corresponding to the reduced
Desktop stand chosen Group.
(3) If during the relevant period of twenty years the applicant
to change the selected desktop stand included in the title of group improvement
species composition on the basis of other facts than those referred to in paragraph
2, the Fund will provide a subsidy to the modified area corresponding to the change of surface and
in the event of a reduction of the area decides to return the subsidy granted to the
the area, which was the original surface is reduced.
(4) If during the relevant period of twenty years the applicant
to change the selected desktop stand included in the title of group improvement
species composition over the plan or chart valid at the time of the first
the inclusion of a selected group of growing
and not more than 15%) of the Fund to an applicant on the basis of applications for the granting of
subsidies, in which the applicant shall indicate the modified area, will provide a subsidy to this
the modified area,
(b)) by more than 15% and not more than 100% of the applicant Pool and delivers the certificate
Vocational Forestry Fund, the applicants on the basis of the request for
the granting of a subsidy, in that the applicant shall indicate the modified area, provide
grant to this modified area, or
(c)) by more than 100%, the Fund shall decide on the disposal of a selected group of growing
by way of improving the species composition and decide on the repayment of subsidies
provided on the whole stand area chosen by the group, which was
condition is violated.
(5) If during the relevant period of twenty years the applicant
to change the selected desktop stand included in the title of group improvement
species composition over the plan or chart valid at the time of the first
the inclusion of a selected group of growing, so that the
and the stand chosen Group) located at least 95% of the area within the
the stand of the group from the plan or the outline of an enlarged about this belt,
The Fund to an applicant on the basis of applications for the granting of a subsidy, in that the applicant
the modified area shall provide a subsidy to this, the modified area,
(b) the stand chosen Group) does not meet the condition of positional accuracy according to
(a)), but it is at least 95% of the area within the growing group
of the plan or the outline of the enlarged čtyřicetimetrový belt and the applicant Pool
delivers the confirmation of professional forestry Fund, the applicant, on the basis of
the application for the granting of a subsidy, in that the applicant shall indicate the modified area,
will provide a subsidy to the modified area, or
(c)) is not a least the chosen stand a group of 95% within
the stand of the group plan or outline of the enlarged čtyřicetimetrový belt
The Fund decides on the disposal of a selected group of the title stand improvement
species composition and decide on the repayment of subsidies granted to the whole area
a selected group of growing, that the condition was violated.
(6) If during the relevant period of twenty years of the applicant
to change the selected desktop stand included in the title of group improvement
species composition, stand so that the Group satisfies the conditions
paragraph 5 (a). and) or (b)), and there is no penetration with a growing group of
plan or outline a valid at the time of the first classification, the growing
the group only with confirmation of professional forestry.
(7) when you change the classification cannot be selected overlay of stand
one applicant groups. If the selected group in the area of the stand
change in classification of the group reaches out to the stand area of another applicant, or
the person who does not ask for a subsidy, or in areas of growing group, with which the
cannot be the person to this growing group of agencies to identify, at
the selected stand group to request a change to the classification and to the desktop
the overlap does not grant Fund. In the case of overlapping of the chosen stand
the group with the soil block, with the exception of the agricultural culture of the wooded area,
held in the records of the use of agricultural land according to user relationships
According to the law on agriculture can be on the stand chosen Group lodge
application for amendment of the classification and the area of overlap, the Fund does not provide a subsidy.
(8) the applicant shall submit an application for a change to the Fund, if a change
Desktop stand included in the selected group of the title improving species
the song occurred as a result of the facts referred to in paragraph 2 or 3, in
the nearest 15. March. If the request is submitted after this date, the Fund it
will be rejected. The time limits referred to in this paragraph shall not apply to the notice
force majeure ^ 14).
(9) the applicant with a request to change the classification of showing confirmation of vocational
the forest of the householder, the newly selected area changed the stand included
the Group meets the conditions referred to in paragraph 4 (b). (b) in paragraph 5 (b)). (b))
and in paragraph 6 and that is the same as with the flat the whole growing group
located in the field. The applicant shall ensure that visible marking the border
the newly added components to the chosen area of growing group in the field, if they are not
clearly identifiable. If the applicant submits the confirmation of vocational
the forest of the householder, or if the control was not found
included the entire the stand chosen Group, the Fund group from the stand
title improving the species composition and decide on the repayment of subsidies
provided on the whole stand area chosen for the group.
(10) the Fund on the basis of the request for reclassification submitted pursuant to paragraph 2
or (3) shall decide on the inclusion in the title of the improvement of species composition with
taking into account the change in the area. If the applicant submits a request for change to the classification,
that reduces the area referred to in paragraph 2 or 3 to the title
improvement of the species composition of all the included desktop, decides on the Fund
the disposal of the applicant in respect of the improvement of species composition; any
the obligation to return the subsidy or its part is not affected.
12) Act No. 229/1991 Coll., on the adjustment of the ownership of land and other
agricultural property as amended by later regulations.
Law No. 428/2012 Coll. on securities settlements with churches and religious
companies and on amendments to certain acts (the Act on the securities settlement with
churches and religious societies), in the wording of the finding of the Constitutional Court
declared under the No 177/2013 Sb.
13) Law No 139/2002 Coll., on land and land offices
and on the amendment of the Act No. 229/1991 Coll., on the adjustment of the ownership of the soil and
other agricultural property as amended by later regulations.
14) Article. 2 (2). 2 regulation of the European Parliament and of the Council (EU) No.
1306/13 of 17 November 2003. December 2013 for the financing, management and monitoring
the common agricultural policy and repealing Council Regulation (EEC) no 352/78,
(EC) No 165/94, (EC) No 2799/98, (EC) no 814/2000, (EC) No 1290/2005 and
(EC) No 485/2008.
Regulation of the European Parliament and of the Council (EU) no 1306/2013, as
the text of the.
Article. 4 Commission delegated Regulation (EU) no 640/2014 of 11 September.
March 2014, supplementing the regulation of the European Parliament and of the Council
(EU) no 1306/2013 as regards the integrated administration and control
system and the conditions for refusal or withdrawal of payments and administrative penalties
applicable to direct payments rural development support and conditionality.
15) Law No 183/2006 Coll. on territorial planning and building regulations
(the building Act), as amended.
16) section 40 of Act No. 256/2013 Coll., on the real estate cadastre (land registry
Act), as amended. ".
7. In section 8 (2). 5, the words "section 7 (2). 2 to 8 and § 8 paragraph. 4 "shall be replaced by
the words "§ 7 (2). 2 to 10 and § 8 paragraph. 4 and 6 ".
8. In section 8 shall be inserted after paragraph 5 a new paragraph 6 to 8 are added:
"(6) If to merge the selected stand groups or to
the distribution of selected stand group referred to in paragraph 5, the flat
and the spatial tolerance according to § 7 (2). 4 to 6 in the territorial change as
whole. The territorial change is always assessed against the plan or outline a valid in the
the first-time inclusion.
(7) in the event that the chosen stand was the control group
detected a mismatch with the inclusion under section 3 (3). 4, the applicant shall submit to the Fund
request for change of classification, taking into account this fact at the latest in
the following year, after receiving the results of the checks. If the applicant as follows
they do not, the Fund shall decide on the disposal of a selected group of growing from the title
improvement of the species composition and decide on the repayment of subsidies for the whole area
the chosen stand group.
(8) the procedure referred to in paragraph 6 shall not apply if the control on the
the spot detected a mismatch with the inclusion under section 3 (3). 4 in the context of the selected
the stand groups of one applicant, and this mismatch
and on the stand boundary) consists of a group of belt maximum width of 3 meters and
(b) the area of overlap, or nedokryvu) with the neighbouring stand group is
a maximum of 100 m2 for each such area. ".
Paragraph 6 is renumbered as paragraph 9.
9. In section 9 (2). 3, the words "section 7 (2). 7 ' shall be replaced by the words "§ 7 (2). 9. "
10. In section 9, the following paragraph 6 is added:
"(6) if the Fund detects a violation of conditions of the title improving species
the song, which has resulted in the return of the already provided subsidies,
reimbursement up to a subsidy granted during the 19th calendar
years immediately preceding the year in which the violation occurred
the conditions; in the case of detection of violation of the conditions of title of the improvement
species composition of twenty years after expiry of the relevant period, the return
subsidies apply to no more than the subsidy granted for 20 years. ".
11. section 10a including title:
"§ 10a
The transition to the inclusion
(1) If a natural person who is the applicant, quits, or
legal person who is the applicant, ceases to exist without liquidation, and legal
the successor of this person, the new owner, a new tenant, the new borrower or
the new sharecropper forest land previously managed by the applicant (hereinafter
"the purchaser") shall notify the Fund to the Fund issued by the
form no later than 30 calendar days from the date of transfer of forest
land previously managed by the applicant to the purchaser in writing to
undertake to continue in full compliance with the conditions of the title improving
species composition, shall not constitute a failure to comply with the conditions laid down for the
title improving the species composition.
(2) If, as a result of the transfer or gradient, rental or lease of
or the whole business of race occurs in the course of the relevant obligation for
the applicant to reduce acreage classified area, which is under the title
improvements provided by the species composition of the subsidy, and the transferee of part or
the whole business of a race shall notify the Fund to the Fund issued by the
form no later than 30 calendar days from the date of transfer of forest
land previously managed by the applicant to the purchaser in writing to
undertake to continue the fulfilment of the conditions of the title improving the species composition
on the part of the business acquired the plant in the same range, and
-If undertakes in writing to the applicant that, as in the case of transfer of part of the transferor
This business of the race will continue in compliance with title
improvement of the species composition in the nepřeváděné part of the business establishment, Fund
on the reduction, withholding or return subsidy decides.
(3) if the transferee undertakes in writing that will continue in the implementation of the
the conditions of the title improving species composition on the acquired area of forest
the land referred to in paragraph 1 or 2, a new request for the inclusion of an already not served;
This fact, however, the Fund shall notify the Fund issued by the form in which
indicate the area of the stand of the group, included in the title of the improvement of the species
the song, and the Fund shall lay down in a new decision on the classification of the remaining part of the
the period during which the purchaser will be included in the title of the improvement of the species
tracks.
(4) if the transferee in writing to vowed to continue in full
fulfilment of the conditions of the title improving the species composition of the forest on the acquired
the grounds referred to in paragraph 1 or 2, and if during the period
He was the original applicant or licensee included in the title of the improvement of the species
the songs, the failure to fulfil the conditions of title of the improvement of species composition on the
forest land, which was granted subsidies, decides on the Fund
return of subsidies by the transferee for the period was
the original applicant or transferee. ".
12. In section 11 (1). 2 part of the sentence for a semicolon: "the zakmenění is used
mathematical rounding to an integer and the representation of tree species on the whole
the percentage of ".
13. Annex 3 shall be deleted.
section 20
The transitional provisions of the
Procedures for applications, which was launched by the Government Regulation No 53/2009
Coll., as amended effective prior to the date of entry into force of this regulation, and
that was not before the date of the entry into effect of this regulation to a final
completed, shall be completed in accordance with Government Regulation No. 53/2009 Coll., as amended by
effective prior to the date of entry into force of this regulation.
PART THE FOURTH
The EFFECTIVENESS of the
section 21
This Regulation shall enter into force on 1 January 2005. February 2016.
The President of the Government:
MSC. in r. Sobotka.
Minister of agriculture:
Ing. Abdoul in r.
Annex
The list of supported file types, and the stand of the main economic
tree species typical for each of the supported types of growing economic
files for the legal basis under section 2 (b). and)
--------------------------------------------------------------------------------------
Stand type Code porostního type of Main tree species
--------------------------------------------------------------------------------------
Burning 2 silver fir
--------------------------------------------------------------------------------------
Oak 5 oak, Quercus petraea, sessile oak, Oak
CER, Elm habrolistý, leaved
--------------------------------------------------------------------------------------
Beech 6 European beech, European ash, javormléč,
Sycamore Maple, Elm, line and reckless.
habrolistý, Elm, Elm,
leaved, LIPA macrophylla
--------------------------------------------------------------------------------------
Other deciduous 7 hornbeam, Norway Maple, Sycamore Maple,
Maple, European ash, line and reckless. ash
angustifolia, Elm, Elm habrolistý
Mountain, Elm, birch, FIR
White Birch, crane bird, crane
Sorbus ARIA, Sorbus torminalis, Gean, lime
heart-shaped, lime, alder macrophylla
Sticky grey willow, alder, jíva,
White willow, Aspen
--------------------------------------------------------------------------------------
Topolový 8 White Poplar, black poplar, Aspen
--------------------------------------------------------------------------------------
Low forest (pařeziny) 9 low forest (pařeziny)
--------------------------------------------------------------------------------------
1) European Parliament and Council Regulation (EU) no 1305/13 of 17 November 2003.
December 2013 on support for rural development from the European agricultural
Fund for rural development (EAFRD) and repealing Council Regulation (EC) No.
1698/2005, as amended.
Regulation of the European Parliament and of the Council (EU) no 1306/13 of 17 November 2003.
December 2013 for funding, managing and monitoring the common agricultural
policy and repealing Council Regulation (EEC) no 352/78, (EEC) No 165/94,
(EC) No 2799/98, (EC) no 814/2000, (EC) No 1290/2005 and (EC) No.
485/2008, as amended.
Commission delegated Regulation (EU) no 640/2014 of 11 September.
March 2014, supplementing the regulation of the European Parliament and of the Council
(EU) no 1306/2013 as regards the integrated administration and control
system and the conditions for refusal or withdrawal of payments and administrative penalties
applicable to direct payments rural development support and conditionality.
Commission Regulation (EU) No 702/2014 of 25 June. June 2014, which is in the
accordance with articles 107 and 108 of the Treaty on the functioning of the European Union proclaim
certain categories of aid in the sectors of agriculture and forestry and in
rural areas to be compatible with the internal market.
Commission delegated Regulation (EU) No 807/2014 of 11 September.
March 2014, to which are added some provisions of the regulation of the European
Parliament and of the Council (EU) no 1305/2013, on support for rural development from the
The European agricultural fund for rural development (EAFRD)
introduce transitional provisions.
The Commission implementing Regulation (EU) No 808/2014 of 17 December. July 2014,
laying down detailed rules for the regulation of the European Parliament and of the
The Council (EU) no 1305/2013, on support for rural development from the European
Agricultural Fund for rural development.
The Commission implementing Regulation (EU) no 809/2014 of 17 December. July 2014,
laying down detailed rules for the regulation of the European Parliament and of the
The Council (EU) no 1306/2013 as regards the integrated administration and
a control system for rural development measures and conditionality.
2) section 6 (1). 9 of Decree No. 84/1996 Coll., on forest economic
planning.
3) Decree No. 84/1996 Coll.
section 3 (3). 1 of law no 289/1995 Coll., on forests and on the amendment and supplement
Some laws (forest law), as amended.
4) Act No. 114/1992 Coll., on nature and landscape protection, as amended by
amended.
5) Decree No. 83/1996 Coll., on the regional forest development plans
and on the definition of the economic files.
6) section 2a of the Act No. 149/2003 Coll. on the putting into circulation of reproductive
material which are important forest tree species and artificial hybrids,
intended for the regeneration and afforestation, and amending certain
related laws (the law on trade in forest reproductive material
tree species), as amended.
7) § 2d paragraph. 4 and § 2, paragraph. 2 Act No. 149/2003 Coll., as amended by
amended.
8) Article. 13 (3). 1 Commission Regulation (EU) no 809/2014.
9) Article. paragraph 72. 1 (a). and) the European Parliament and of the Council (EU)
No 1306/2013.
Article. 11 Commission delegated Regulation (EU) no 640/2014.
section 31, paragraph 10). 6 of law no 289/1995 Coll., as amended.
11) § 5a of Act No. 149/2003 Coll., as amended.
12) section 30 of Act No. 149/2003 Coll., as amended.
13) Act No. 229/1991 Coll., on the adjustment of the ownership of land and other
agricultural property as amended by later regulations.
Law No. 428/2012 Coll. on securities settlements with churches and religious
companies and on amendments to certain acts (the Act on the securities settlement with
churches and religious societies), in the wording of the finding of the Constitutional Court
declared under the No 177/2013 Sb.
14) Act No 139/2002 Coll., on land and land offices
and on the amendment of the Act No. 229/1991 Coll., on the adjustment of the ownership of the soil and
other agricultural property as amended by later regulations.
Article 15). 2 (2). 2 regulation of the European Parliament and of the Council (EU) No.
1306/2013.
Article. 4 Commission delegated Regulation (EU) no 640/2014.
16) Act No. 183/2006 Coll. on territorial planning and building regulations
(the building Act), as amended.
17) section 40 of Act No. 256/2013 Coll., on the real estate cadastre (land registry
Act), as amended.
18) Article. paragraph 72. 1 (a). and) the European Parliament and of the Council (EU)
No 1306/2013.
Article. 11 Commission delegated Regulation (EU) no 640/2014.
Article 19). 16 the Commission delegated Regulation (EU) no 640/2014.