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Grants In The Framework Of The Measures Of Forest-Environmental Services

Original Language Title: dotace v rámci opatření lesnicko-environmentální služby

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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.