The Provision Of Subsidies In The Framework Of Afforestation Of Agricultural Land

Original Language Title: poskytování dotací v rámci opatření zalesňování zemědělské půdy

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=84419&nr=185~2F2015~20Sb.&ft=txt

185/2015 Sb.



GOVERNMENT REGULATION



of 22 March. July 2015



on the conditions for the granting of aid under the measures, afforestation of agricultural

soil and amending some related government regulations



The Government ordered pursuant to section 2 c of paragraph 1. 5 of law No 249/1997 Coll., on

Agriculture, as amended by Act No. 128/2003 Coll., Act No. 85/2004 Coll.

Act No. 291/2009 Coll. and Act No. 179/2014 Coll. and under section 1 (1). 3

Act No. 257/2000 Coll., on the State agricultural intervention fund, and

amendments to 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 Sb:



PART THE FIRST



CONDITIONS FOR THE GRANTING OF SUBSIDIES IN THE FRAMEWORK OF AFFORESTATION OF AGRICULTURAL

SOIL



§ 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 aid under the measures

afforestation of agricultural land.



§ 2



Subsidies granted under the measures, afforestation of agricultural land



(1) in the framework of afforestation of agricultural land shall provide grants



and the establishment of forest cover),



(b)) to care for the forest cover for 5 calendar years, beginning with the year

following the year in which forest cover has been established (hereinafter referred to as "grants

to care for the forest "), or



(c)) for their agricultural production on forested land for 10

calendar years, beginning with the year following the year in which the forest

the vegetation is based (hereinafter referred to as "subsidies for their agricultural production").



(2) subsidies for establishing forest cover shall be granted for the planting of

each species of forest tree species listed in annex 1 to this

Regulation on a defined part of the soil block suitable for afforestation conducted in

the registration of land use based on user relations ^ 2) under the law on

Agriculture (hereinafter referred to as "evidence of the use of land").



(3) subsidies for the care of forest cover and subsidies for their agricultural

production shall be not more than on wooded acreage of the land on which the

subsidies have been granted for the establishment of forest cover, unless otherwise specified in this

Regulation.



(4) the Subsidies for their agricultural production shall be granted if at least 50

% of the area of the part of the soil block, which is located on the forested land,

It has been continuously at least since 15. May to 31. October of the calendar year

immediately preceding the year of delivery of the request for grant

on the establishment of forest cover are kept in register usage of the land.



(5) a subsidy in the framework of afforestation of agricultural land may be granted

on a defined part of the soil block suitable for afforestation, which are in

the registration of land use types of farming cultures kept under regulation

No 307/2014 Coll., laying down details of the registration of land use

According to user relationships



and standard) arable land,



b) grass,



(c)), Lado



d) permanent grassland,



e) vineyards,



f) hops,



g) Orchard,



h) preschool,



I) other permanent culture, or



j) different culture.



§ 3



An applicant for a grant



(1) the applicant for the granting of subsidies in the framework of afforestation

agricultural land (hereinafter referred to as "the applicant") may be



and) a landowner intended for establishing forest cover,



(b)), the Association of owners of land intended for the establishment of forest cover,



(c) a joint owner of the land intended for) establishing forest cover and under

the terms of the written consent of the venturers working majority

the votes cast,



(d) the lessee or borrower) sharecropper land intended for the establishment of the forest

the crop species, and under the terms of the written consent of the owner, or

the joint owners working by majority vote, to use the land for

establishing the forest cover, and on the condition that the lease, contract of

loan or pachtovní agreement allows compliance with the conditions for

grant under section 8 (2). 2 (a). a), or



(e)), the Association of tenants, vypůjčitelů or pachtýřů of the land intended for the

establishing the forest cover, and under the terms of the written consent of the owner of the

or owners, or joint owners working by majority vote,

the use of the land for the establishment of forest cover, and on condition that the

lease agreement, rental agreement or Treaty of pachtovní

compliance with the conditions for granting subsidies according to § 8 para. 2 (a). and).



(2) on a plot of land in the ownership or co-ownership of the Czech Republic

or local government unit may only be granted a subsidy to

establishing the forest cover.



(3) Subsidies in the framework of afforestation of agricultural land shall not be granted

an applicant who is a contributory organization or organizational component

State.



(4) the grant in the framework of afforestation of agricultural land shall not be granted

the land, located on the territory of the city of Prague.



§ 4



The announcement of the entry to the afforestation of agricultural land measure



(1) Notification of entry into the afforestation of agricultural land measures (hereinafter referred to as

"the Declaration") delivers an applicant before the establishment of the State of forest cover

agricultural intervention fund (hereinafter referred to as "the Fund") the Fund issued

the form, no later than 15. in May of the calendar year in which the

intends to apply for the provision of subsidies for establishing forest cover.



(2) the applicant shall indicate in the report the highest anticipated assessment of agricultural

the soil, which intends to apply for the provision of subsidies for establishing

forest cover in the calendar year.



(3) in the event that the applicant fails to file the Declaration referred to in paragraph 1, the Fund request

grant for the establishment of forest cover will be rejected.



§ 5



The application for the granting of subsidies for the establishment of forest cover



(1) an application for the granting of subsidies for establishing forest cover for

the calendar year will deliver the applicant pool to Fund issued

the form after the establishment of the forest, and no later than 30 June 2005. November

of the calendar year in which forest cover has been established; to

requests received after this date the Fund account.



(2) an application for the granting of subsidies for establishing forest cover has



and) a list of the land on which it was based, the indication of forest cover

in the real estate and part of the soil block maintained in

the registration of land use (hereinafter referred to as "wooded land"), including the type of

agricultural culture pursuant to section 3 of Decree-Law No 307/2014 Sb.

the establishment of forest cover and its acreage, forest tree species and type abbreviation

the number of individuals of each species per 1 ha of forest tree species listed in

Annex 1 to this regulation,



(b) the written consent of the owner of the land), where appropriate, the joint owners

handling a majority of votes, with its afforestation, in the case of the applicant

According to § 3 (2). 1 (b). c), (d)) or (e)),



(c) a lease, contract) on the loan or contract or pachtovní

copies of them to allow compliance with the conditions referred to in § 8 para. 2 (a).

and), in the case of the applicant pursuant to § 3 (2). 1 (b). d) or (e)),



(d) the Government authority) decision on Declaration of a wooded forest

the land for the land designated for the performance of functions of forests according to the forest Act;

the time that elapses from the date of acquisition of the decision on the date of

receipt of the request for the provision of subsidies for establishing forest cover may not

be longer than the period laid down for the establishment of forest cover according

forest law ^ 3),



(e) the State Land Office) in those cases where the forested

the plot is based on the decision in the proceedings for the land

registered in the land register as forest land; document referred to in

This subparagraph is replaced by the document referred to in subparagraphs (d)), k) and (l)); the time which

between the date of acquisition of the decision on the date of receipt of the

the provision of grants for establishing forest cover may not be longer than 24

months,



(f) the establishment of the forest) project, whose particulars are set out in

Annex 2 to this regulation,



g) expert opinion Institute for the treatment of forests

typologickém classification of zalesňovaných of land,



h) confirmation of professional forest care, that the project establishing the forest

stand by the letter f) was prepared in accordance with the observations by the

subparagraph (g)) and the establishment of forest cover was done in accordance with this

the project,



I) the proof of origin of forest reproductive material, used in the

establishment of forest cover,



the plot of the relevant parts) soil blocks in the map parts soil blocks from

registration of land use at a scale of 1:10,000 or more detailed with

showing the distribution of each species of forest tree species and location

the fence, if it is proposed, including plotting nezalesněných surfaces

referred to in § 7 para. 3,



the announcement of changes to) copy of a kind land into forest land confirmed

the competent land registry office and the



l) decision to change land use ^ 4); in the event that the applicant intends to

reforest the land less than 300 m2, showing instead of the decision to change the

land use consent to withdrawal of agricultural land from the agricultural land

the Fund under the law on the protection of agricultural land resources.



(3) the proof of origin referred to in paragraph 2 (a). I) means accompanying

list ^ 5), which shall be the date of receipt of the request for the provision of subsidies to

establishing the forest cover over 12 months. If the owner of a forest shall apply to


afforestation material originating in forests

located within the territory of the Czech Republic that are in his

ownership, and if in these forest stands are not recognised sources

reproductive material can be used for all species of forest tree species, with the exception of

of Norway spruce, European larch and Scots pine, replace the cover

the confirmation sheet vocational forestry landlord about the origin of such

reproductive material containing, in particular,



and) identification of where the material comes from, indicating the

the space distribution of the forest units ^ 6)



(b) a natural forest area), where the material comes from,



(c)) the altitude or altitudinal range of the place from the reproductive

the material comes from,



(d)) the kind of forest tree species, age and method of planting stock and

its quantity.



§ 6



The application for the granting of subsidies for the care of the forest cover and the request for

subsidies for their agricultural production



(1) an application for the granting of subsidies for the care of the applicant delivers to the forest cover

Fund to Fund issued by a form for the calendar year to 15.

in May of the calendar year ^ 7); request shall be made after each year

for 5 calendar years beginning with the year following the year of founding

forest cover.



(2) an application for the granting of subsidies for their agricultural output delivers

the applicant pool to Fund issued by a form for the calendar year

15. in May of the calendar year ^ 7); the application shall be

each year, over a period of 10 calendar years beginning with the year following the

the year of the founding of the forest cover.



(3) If a request for a subsidy received after the period referred to in

paragraph 1 or 2, the Fund under the terms of a grant directly

the applicable law of the European Union ^ 8) will be reduced or the application for

subsidies will be rejected.



(4) at the same time with the delivery of the request referred to in paragraph 1 or 2 of the applicant

delivers a single application form Pool, stating 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).



§ 7



The rate of subsidy



(1) the rate of the subsidy



and the establishment of forest cover)



1. wood FIR, pine, beech, oak, Linden, Douglas fir and ash is 3

1 035 EUR/ha, or



2. other species not listed in paragraph 1 shall be EUR 2 100/1 ha,



(b)) to care for the forest for trees by



1. (a) point 1 shall be) 669 EUR/1 ha, or



2. (a) point 2 shall be) 298 EUR/1 ha,



(c)) for their agricultural production on the land, which was in the register

use of the land before its afforestation conducted with the kind of agricultural culture

standard arable land, vineyards, hop garden, Orchard, nursery or other

permanent culture under section 3 of Decree-Law No 307/2014 Coll., the 488 EUR/1

HA, or



(d)) for their agricultural production on the land, which was in the register

use of the land before its afforestation conducted with the kind of agricultural culture

grass vegetation, fallow, permanent grassland or other culture pursuant to § 3

Government Regulation No. 307/2014 Coll., the 161 EUR/1 ha.



(2) the amount of the subsidy for the establishment of forest cover, forest care subsidies

the vegetation and subsidies for their agricultural production Fund are calculated as the product of the

the acreage of forested land that is provided by grants, and rates

referred to in paragraph 1.



(3) the Neosázené area not exceeding the width of 4 metres, which is used in particular

as the dismemberment clearings or unpaved forest roads according to the forest

the law, from the wooded acreage of the land on which the subsidy

on the establishment of the forest cover, are not deducted.



(4) Fund will provide the payment in the currency of the United States; the rate of subsidy under

paragraph 1 is converted according to the exchange rate, which is published in the

the most recent official journal of the European Union on 31 December. December

calendar year preceding the year for which the subsidy provides.

If there is an exchange rate determined by that date, the nearest

the previous exchange rate.



§ 8



The conditions for granting subsidies



(1) Subsidies in the framework of afforestation of agricultural land shall be provided,

If



and forested land) the applicant was kept in the register before afforestation

the use of land and is part of the part of the soil block that is in this record

defined as suitable for afforestation, and



(b)) is a contiguous area of forested part of the soil block with an area of at least 0.5

HA, it's not about the area, building on the existing land designated in accordance with

the forest of the Act for the performance of functions of forests; This condition shall be considered

to be fulfilled even in the case that an obstacle to building on existing land

designed to fulfil the functions of a forest or wooded area related part

soil block is not wider than 4 metres.



(2) Subsidies in the framework of afforestation of agricultural land shall be under the

the condition that the applicant



and shall comply with the notice to wooded land), to which the Fund will provide grant to

establishing the forest cover, over a period of 10 calendar years beginning with the year

following the year of the founding of the forest cover,



(b)) shall ensure that in the period from 15. may of the calendar year next

After a year of establishing forest cover by the end of the fifth year after the year of the founding of the

the forest vegetation of the characters showed the care and protection towards

collateral under the forest Act; This is a condition where the trees are not significantly

damaged, are individually or skupinovitě evenly spaced after

the wooded area and the number of viable individuals of each species

forest tree species per 1 ha of forested land falls in this period under the

80% of the minimum number determined pursuant to annex 1 to this

Regulation, and



(c)) it will comply with cross-compliance rules set out in annexes 1 and 2 to the

Government Regulation No. 309/2014 Coll., laying down the consequences of breach of

cross-compliance provision of certain agricultural aid, as amended by

Government Regulation No. 50/2015 Coll., throughout the calendar year on all it

cultivated agricultural land.



(3) subsidies for establishing forest cover shall be granted if the



the area of forest tree species) and referred to in the application for the granting of subsidies to

establishing the forest cover on the land are planted in accordance with the

submitted by the project establishing forest cover according to § 5 para. 2 (a).

(f)); in the area of the land on which they must be complied with the minimum number of individuals

each species of forest tree species listed in annex 1 to this

the regulation, to be reallocated and neosázená area pursuant to § 7 para. 3,



(b)) the applicant after the establishment of forest cover reported a change in the type of agricultural

culture in the records of the use of land and



(c) the number of viable individuals each) of species of forest tree species

evenly spaced on a wooded plot does not fall in the period from the date of

receipt of the request for the provision of subsidies for establishing forest cover within 14.

may the following calendar year after the year of the founding of the forest cover

below 90% of the minimum number of these individuals per 1 ha of land provided for

According to annex 1 to this regulation.



(4) the Fund will provide a grant for the establishment of forest cover in the appropriate

calendar year maximum acreage of agricultural land, which the applicant

the declaration provided for in article 4.



§ 9



The reduction of or failure to provide the subsidy



(1) if the Fund finds that the applicant has not fulfilled the condition set out in § 8 para. 3

(a). (c)), so that the number of viable individuals of each species

forest tree species listed in annex 1 to this regulation uniformly

located on a wooded land fell to the value of the



and) less than 90% and at the same time greater than or equal to 80%, the grant for the establishment of

forest cover on the part of the soil block shall be reduced by 5%,



(b)) less than 80% and at the same time greater than or equal to 70%, the grant for the establishment of

forest cover on the part of the soil block shall be reduced by 10%,



c) less than 70%, the grant for the establishment of forest cover on the part

soil block does not provide.



(2) if the cause of failure to comply with the conditions set out in § 8 para. 3 (b). (c))

effect of biotic or abiotic factors through no fault of the applicant, and

the applicant without undue delay in accordance with the dosadbu performs project

establishing the forest cover to meet the specified conditions and

the implementation of dosadby shall notify the Fund to the Fund issued a form, how to

referred to in paragraph 1 shall not apply.



(3) if the Fund finds that the applicant has not fulfilled the condition set out in § 8 para. 2

(a). (b)), and that the number of viable individuals of each species

forest tree species listed in annex 1 to this regulation uniformly

located on a wooded land fell to the value of the



and) less than 80% and at the same time greater than or equal to 70%, the annual subsidy to the care of

forest cover or a subsidy for their agricultural production on that part

soil block shall be reduced by 10%,



(b)) of less than 70% and at the same time greater than or equal to 60%, the annual subsidy to the care of

forest cover or a subsidy for their agricultural production on that part

soil block shall be reduced by 20%,



(c)) lower than 60%, the annual subsidy to the care of forest cover or a grant for

their agricultural production on the part of the soil block does not provide.



(4) if the cause of failure to comply with the conditions set out in § 8 para. 2 (a). (b))

effect of biotic or abiotic factors through no fault of the applicant, and

the applicant without undue delay in accordance with the dosadbu performs project

establishing the forest cover to meet the specified conditions and


the implementation of dosadby shall notify the Fund to the Fund issued a form, how to

pursuant to paragraph 3 shall not apply.



(5) if the Fund finds that the applicant has not fulfilled the condition set out in section 6 (1). 4

and the difference between the total area referred to in the single application ^ 9) and

a summary of 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

the application will reduce the annual subsidy to the care of forest cover or a subsidy for their

agricultural production of 1% ^ 10),



(b)) is greater than 4% but less than or equal to 5% of the areas referred to in the uniform

the application will reduce the annual subsidy to the care of forest cover or a subsidy for their

agricultural production of 2% ^ 10), or



c) higher than the 5% of the areas referred to in the single application will reduce the subsidy to

care of forest cover or a subsidy for their agricultural production on 3

% ^ 10).



(6) if the applicant fails to deliver a single application form under section 6 (1). 4,

reduce the subsidy to Fund the care of forest cover or a subsidy for their

agricultural production by 3%.



(7) if the Fund finds that the applicant has not fulfilled the condition set out in § 8 para. 3

(a). (b)), will reduce the subsidy to the Foundation of the forest cover on the part

soil block by 3%.



(8) if the Fund finds that the applicant has violated the condition referred to in § 8 para. 2

(a). (c)), a subsidy in the framework of afforestation of agricultural land shall be reduced

or does not provide by directly applicable European Union legislation ^ 11).



(9) in case of repeated non-compliance with some of the conditions justifying

the reduction of subsidies in accordance with paragraph 3, 6, or 7, the grant shall be reduced by twice the

reduction laid down provisions concerned.



(10) for the purposes of repeated failure to comply with this Regulation shall be deemed to

failure to comply with the same conditions more than once in the course of the undertaking. Repeated

failure cannot occur in the course of one calendar year.



§ 10



Repayment of subsidies



(1) if the Fund finds that the applicant has not fulfilled the condition set out in § 8 para. 2

(a). and decide to grant repayment) subsidies granted under the measures

afforestation of agricultural land or part thereof corresponding to the area of

the wooded farmland, on which the applicant did not meet the condition.



(2) paragraph 1 shall not apply if the failure to comply with the conditions set out in §

8 (2). 2 (a). and as a result)



and restitution or compensation of assets) with churches and religious

companies ^ 12)



(b) implementation of land consolidation) ^ 13), or



(c) the establishment of a building in the) public interest ^ 14).



(3) if the Fund finds that the applicant has not fulfilled the condition set out in § 8 para. 2

(a). (b)), and that the number of viable individuals of each species

forest tree species listed in annex 1 to this regulation uniformly

located on a wooded land fell to the value of the



and) less than 80% and at the same time greater than or equal to 70%, the Fund shall decide on

return of part of the subsidy on the establishment of the forest cover on the

part of the soil block of 5%,



(b)) of less than 70% and at the same time greater than or equal to 60%, the Fund shall decide on

return of part of the subsidy on the establishment of the forest cover on the

part of the soil block of 10%,



(c)) lower than 60%, it shall decide on the return portion of a Fund provided subsidies for

establishing the forest cover on the part of the soil block of 30%.



(4) if the applicant subsequently made it clear that the subsidies within the

measures, afforestation of agricultural land has already been granted, did not meet the

the conditions for the granting thereof, the returns on the basis of the decision of the Fund

granted subsidy for the calendar year to the bank account of the Fund,

from which he was granted a subsidy; Similarly, in the case

additional findings of fact, which were the reason for reduction

the subsidies.



§ 11



The transfer of the undertaking



(1) If a natural person who is the applicant terminates the agricultural

or legal person who is the applicant ceases to exist without

liquidation, and wooded land or new user successors

defunct legal entities (hereinafter referred to as "the transferee") shall notify the

Fund to Fund issued the form no later than 30 calendar days from the

the date of transfer of parts of soil blocks previously managed by the applicant on the

the transferee in the register of land use and undertakes, in writing, to the fullest extent

continue the fulfilment of the conditions laid down in this regulation, shall not constitute

it for failure to meet the conditions laid down in this regulation and the reduction of the Fund,

failure to provide or return subsidy decides.



(2) If, as a result of the transfer or lease all or part of the business

the plant occurs for the applicant to reduce the acreage of forested land on

which is provided by subsidies in the framework of afforestation of agricultural

the soil and the transferee of all or part of the business establishment this fact

shall notify the Fund to the Fund issued the form no later than 30 calendar

days after the transfer parts of soil blocks previously managed

by the applicant to the transferee in the register of land use and undertakes in writing to

continue with the fulfilment of the conditions of this regulation on the acquired part of this

the business establishment in the same range, and undertakes in writing to the applicant,

as the transferor in the case of transfer of part of the business establishment will be

continue with the fulfilment of the conditions of this regulation, on the parts of the nepřeváděné

the business establishment, Fund for a reduction or reimbursement, failure to

decides.



(3) if the purchaser a written undertaking to continue in full

compliance with the conditions of this regulation, the area of forested land acquired

in accordance with paragraph 1 or 2, and if in the course of the period in which the original

the applicant or licensee has asked for subsidies under this regulation, to reduce the

the acreage of forested land or to failure to comply with other requirements of this

Regulation, shall decide on the repayment of subsidies by the transferee Fund according to the established

violation of.



§ 12



Common provisions



(1) if non-compliance with the conditions laid down in this regulation in the

due to force majeure ^ 15), the provisions of § 9 and 10 shall not apply.



(2) the capacity of the soil in accordance with § 3 (1). 2 to provide subsidies for the care of

forest cover or subsidies for their agricultural production shall be assessed to

the date of receipt of the request for a grant for the establishment of forest cover.



section 13 of the



Rounding



The Fund for the calculation of the figures referred to in this Regulation shall apply

mathematical rounding to 2 decimal places.



§ 14



Transitional provision



An applicant who intends to make an application for the granting of subsidies for establishing

forest cover according to § 5 in 2015, will deliver the Fund Declaration in accordance with § 4

until 31 December 2006. October 2015.



PART TWO



Change of government regulation on the determination of certain terms of the provision of

National additional payments to direct aid



§ 15



Government Regulation No. 112/2008 Coll., laying down certain conditions

providing national additional payments to direct aid, as amended by

the Government Decree No 480/2009 Coll., regulation of the Government No. 86/2010 Coll., regulation

Government No 107/2009 Coll., regulation of the Government No. 332/2009 Coll., regulation of the Government

No 298/2013 Coll., regulation of the Government No. 29/2014 Coll. and Decree-Law No.

50/2015 Coll., is amended as follows:



1. In article 2 (2). 2, the first sentence is replaced by the phrase "the applicant to provide

payments referred to in paragraph 1 shall deliver the request for the Fund 15.

in May of the calendar year and on a form issued by the Fund

for the calendar year within a single application ^ 21). ".



Footnote 21 reads as follows:



"21) Article. 72 para. 4 European Parliament and Council Regulation (EU) No.

1306/2013 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. ".



2. In article 12, the following paragraph 9 is added:



"(9) when a claim for payment for 2015 Fund does not apply a reduction

payment or rejection of the request referred to in paragraph 1, if the request was

delivered to 29. may 2015. ".



section 16 of the



Transitional provision



Processing of requests for the year 2015 initiated pursuant to Decree-Law No.

112/2008 Coll., in the version in force before the date of entry into force of this

Regulation shall be completed pursuant to Government Regulation No. 112/2008 Coll., as amended by

effective from the date of entry into force of this regulation.



PART THREE



Change of government regulation on the determination of certain terms of the provision of direct

payments to farmers and amending some related government regulations



§ 17



In section 10 of Decree-Law No. 50/2015 Coll., laying down certain conditions

the provision of direct payments to farmers and amending certain related

Government Regulation, shall be added to paragraph 4, which including the footnotes

# 25:



"(4) if the area referred to in paragraph 1 of the exchanged Government Regulation No.

185/2015 Coll., on conditions for the granting of aid under the measures

afforestation of agricultural land and amending some related regulation

the Government, it is not about the protection of Permanent grasslands by directly

of the applicable legislation of the European Union ^ 25).



25) Article. paragraph 45. 1 European Parliament and Council Regulation (EU) No.

1307/2013. ".



PART FOUR



The EFFECTIVENESS of the



section 18



This Regulation shall enter into force on 1 January 2000. August 2015.



Prime Minister:



Mgr. Sobotka in r.



Minister of agriculture:



Ing. Abdoul in r.



Annex 1




The various species of forest tree species, their habitats and appropriate minimum

the number of individuals per 1 ha in reforestation



Part A.



+----------------------------------------------------------------------------------------------------------------------------+

The kind of forest | Suitable habitat-| Planting stock |

trees/abbreviation | the target of files | forest tree species |

forest species | | According to part (B). |

trees | | in ths. DC to 1 ha) |

+------------------------+----------------------------------------------------------------------------+----------------------+

| Pine/BO | 13, 21, 23, 25, 31, 35 | 9 |

| | 01 *), 27, 29, 39, 41, 43, 45, 47, 51, 53, 55, 57, 59, 71, 73, 75, 77, 79 | 8 |

+------------------------+----------------------------------------------------------------------------+----------------------+

| Birch bělokorá/BR | 01, 02, 03), 13, 21, 23, 27, 29, 39, 41, 43, 47, 51, 53, 57, 59, 71, 73, | 6 |

| White Birch/BRP | 75, 77, 79 | |

+------------------------+----------------------------------------------------------------------------+----------------------+

| European Beech/BK | 35, 45, 55 | 9 |

| | 01 *), 13, 21, 23, 25, 31, 41, 43, 47, 51, 53), 57 *), 71, 73, 75, 77 | 8 |

+------------------------+----------------------------------------------------------------------------+----------------------+

| Douglas fir/DG | 23, 25, 41, 43, 45, 55, 57, 51, 53, 55 | 3 |

+------------------------+----------------------------------------------------------------------------+----------------------+

| Oak/DB | 20, 25, 35, 45, 47, 59 *) *) | 10 |

| | 01 *), 27, 29, 39 | 8 |

+------------------------+----------------------------------------------------------------------------+----------------------+

| Quercus petraea/DBZ | 01 *), 13, 21, 23, 25, 31, 35, 41, 43, 45 | 8 |

+------------------------+----------------------------------------------------------------------------+----------------------+

| Carpinus betulus/HB | 01 *), 19, 21, 23, 25, 31, 35, 41, 43, 45, 47) | 6 |

+------------------------+----------------------------------------------------------------------------+----------------------+

| European ash/JS | 01 *), 19, 21, 25, 29), 31, 35, 41), 45, 47), 51 *), 55, 57) | 6 |

| Ash angustifolia/JSU | | |

+------------------------+----------------------------------------------------------------------------+----------------------+

| Acer platanoides/JV | 01 *), 19, 21, 25, 29), 31, 35, 41), 45, 47), 51, 55, 57), 59), 71, | 6 |

| Sycamore/KL | 75, 77*) | |

| Maple field/BB | | |

+------------------------+----------------------------------------------------------------------------+----------------------+

| Abies alba/JD | 01 *), 13, 25, 27, 29, 31, 35, 39, 41, 43, 45, 47, 51, 53, 55, 57, 59, | 5 |

| | 71, 73, 75, 77, 79 | |

+------------------------+----------------------------------------------------------------------------+----------------------+

| Abies grandis/JDO | 25, 45, 47, 55, 57 | 2 |

+------------------------+----------------------------------------------------------------------------+----------------------+

| Cranes/JR spp. | 01, 02, 03), 13 *), 21, 25, 31, 35, 51, 53, 55, 57, 71, 73, 75, 77, 79 | 6 |

+------------------------+----------------------------------------------------------------------------+----------------------+

| Elm stub/JL | 01 *), 19, 25, 31, 35, 41, 45, 51, 55 | 6 |

| Ulmus laevis/JLV | | |

| Mountain Elm/JLH | | |

+------------------------+----------------------------------------------------------------------------+----------------------+

| LIPA srdčitá/LP | 01 *), 13 *), 19, 21, 23, 25, 31, 35, 41, 43, 45, 47, 51, 53, 55, 57, 59 | 6 |

| Large-leaved Linden/LPV | | |

+------------------------+----------------------------------------------------------------------------+----------------------+

| Larix decidua/MD | 13, 21, 23, 25, 27, 31, 35, 41, 43, 45, 47, 51, 53, 55, 57, 71, 73, 75, 77 | 3 |

+------------------------+----------------------------------------------------------------------------+----------------------+

| Alnus glutinosa/OL | 01 *), 19, 29, 39, 47, 51, 57, 59) | 4 |

| Alder grey/OLS | | |

+------------------------+----------------------------------------------------------------------------+----------------------+

| Norway spruce/SM | 01, 02, 03), 71, 73, 75, 77, 79 | 3 |

| | 51, 53, 55 | 4 |

| | 27, 29, 39, 47, 57, 59 | 3.5 |

+------------------------+----------------------------------------------------------------------------+----------------------+

| Aspen/OS | 19, 25, 27, 29, 39, 45, 47, 57, 59 | 4 |

+------------------------+----------------------------------------------------------------------------+----------------------+

| Gean/TR | 01), 21), 25, 31, 35, 45 | 6 |

+------------------------+----------------------------------------------------------------------------+----------------------+



*) Applies only to some of the files included in the target forest types

the economic files according to annex No 4 to Decree No. 83/1996 Coll.



**) Number of pieces per 1 ha of planting stock is derived by multiplying the

the minimum number of percentage of projected per hectare referred to the representation

wood species.



(B).



Plantations of forest tree species are plants derived from the seed

material, parts of plants or from the natural regeneration, which according to the

How to grow into seedlings, saplings, poloodrostky and

thrown out tendrils.



1. Seedling-plant grown from seed, which in the course of cultivation

not be modified root system (přepichováním, školkováním,

podřezáváním roots, adjustment to packaging, zakořeňováním).



2. Seedling-plant grown from semenáčku or vegetative

multiplication, in which the root system was being modified (přepichováním,

školkováním, podřezáváním, roots, by resetting to the packaging, or

zakořeňováním other seedlings) with above-ground parts of a height of up to 70 cm.



3. Poloodrostek-a plant cultivated by double školkováním,

podřezáváním roots or by resetting to the packaging, or a combination of

These operations, with the above-ground parts of a height of for coniferous trees from 51 cm

to 120 cm and a height of hardwoods from 81 cm to 120 cm, or with

the shaped Crown.



4. Odrostek-a plant cultivated at least twice as školkováním,

podřezáváním roots or by resetting to the packaging, or a combination of

These operations, with the above-ground parts of a height of 121 cm to 250 cm and with

the shaped Crown.



Annex 2



The elements of the project establishing forest cover



A. Required particulars to appear in the project establishing forest cover



I. identification of the applicant:



and) is a natural person



1. the name or name, last name, title, business name, if applicable,



2. date of birth



3. the identification number of the person, if any,



4. the address of the place of residence-Street, house number, the number

orientation, zip code, municipality (city, village) and



5. telephone, email, or data box,



(b)) is a legal person



1. business name or the name of the legal person,



2. the identification number of the person



3. the registered office of a legal person-Street, house number, postal code, no.

municipality (city, village),



4. the phone, e-mail, data box, if applicable, and



5. the governing body of the legal person, the name or names, last name,

the title.



II. identification of the processor project establishing forest cover:



and) is a natural person



1. the name or name, last name, title, business name, if applicable,



2. the address of the place of residence-Street, house number, the number

orientation, zip code, municipality (city, village),



3. the phone, e-mail, data box, if applicable, and



4. the number of the licence of the professional forestry householder pursuant to § 5 para. 2 (a).

(h)),



(b)) is a legal person



1. business name or the name of the legal person,



2. the identification number of the person



3. the registered office of a legal person-Street, house number, postal code, no.

municipality (city, village),



4. telephone, email, or data box,



5. the governing body of the legal person, the name or names, last name,

the title and



6. the number of the licence of the professional forestry according to § 5 paragraph 1 of the householder. 2 (a).

(h)).



III. identification of the zalesňovaných land:



and an inventory of plots according to the register) the real estate cadastre



1. the code and name of the cadastral territory,



2. reference number



3. the code of the type of land,



4. the area in hectares to four decimal places, and



5. the sum of the Bill for the establishment of forest cover in hectares to four

decimal places,



b) parts identification of soil blocks



(c) the classification of land into files) of forest types and target marketing

files in the professional opinion of the Institute for the treatment of forests


and typologického the inclusion of land according to zalesňovaných § 5 para. 2 (a).

(g)),



(d)) copy of the cadastral map including parts of neighboring plots of land, which shall not be

made by the applicant; in the case of the establishment of the forest cover on the

holdings of less than 0.5 ha must be included in the map

of the substrate and of the adjacent plot of land intended for the performance of the functions

forest and



e) copy of the cadastral map including parts of neighboring plots showing the

distribution of individual species and the location of the fence, if it is

being proposed.



IV. identification of plants of forest tree species used for

establishing the forest cover:



and the number and area of the individual) species on the individual parcels in the

and, in hectares and the area of each species of tree species in total, when you

compliance with the minimum share of ameliorating and strengthening tree species, with

by specifying a basic tree species and their share in accordance with Decree No. 83/1996

Coll. on the regional forest development plans and on the definition of

the economic files, including plotting nezalesněných the areas referred

in § 7 para. 3 of this regulation,



(b)) the type, age, way of growing and planting stock quality pursuant to § 1

paragraph. 6 to 11 of Decree No. 29/2004 Coll., implementing Act No.

149/2003 Coll., on trade in forest reproductive material of tree species in

as amended,



(c)) the proof of origin of the reproductive material under § 5 para. 2 (a). I)

the transport policy of the reproductive material under Decree No.

139/2004 Coll., laying down the details of the transfer of seeds and seedlings

forest tree species, a record of the origin of basic material and

details about the regeneration of forest stands and afforestation land

declared land intended for the performance of functions of the forest.



B. Optional particulars to appear in the project establishing forest cover



I. method of preparation of the soil prior to the formation of forest cover.



II. the planting Technology of individual tree species.



III. methods and frequency protection to the periods of detention of the crop against a weed,

against beasts, klikorohu, or other pests.



IV. for fencing the minimum technical characteristics for individual ways

the protection of the species and the number of pieces or any other activities required for the successful

development of crop-based (for example, a quick, cutting out the undesirable

jump).



1) European Parliament and Council Regulation (EU) no 1305/2013 of 17 May.

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.



European Parliament and Council Regulation (EU) no 1306/2013 of 17 May.

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.



The Commission delegated Regulation (EU) no 640/2014 of 11.

March 2014, supplementing the regulation of the European Parliament and of the Council

Regulation (EU) no 1306/2013 as regards the integrated administration and control

system and to 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 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 agriculture and forestry sector, and in

rural areas to be compatible with the internal market.



The Commission delegated Regulation (EU) No 807/2014 of 11.

March 2014, supplementing 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) and the laying

introduce transitional provisions.



The Commission implementing Regulation (EU) No 808/2014 of 17. July 2014,

laying down detailed rules for the regulation of the European Parliament and of the

Council Regulation (EU) no 1305/2013 on support for rural development from the European

Agricultural Fund for rural development (EAFRD).



The Commission implementing Regulation (EU) no 809/2014 of 17. July 2014,

laying down detailed rules for the regulation of the European Parliament and of the

Council Regulation (EU) no 1306/2013 as regards the integrated administration and

a control system for rural development measures and conditionality.



2) of Decree-Law No 307/2014 Coll., laying down details of the evidence

land use based on user relations.



3) § 31 para. 6 of law no 289/1995 Coll., on forests, and amending and supplementing

Some laws (forest law).



4) § 77 (c). (b)) of the Act No. 183/2006 Coll., on urban planning

building code (the building Act), as amended by law no 350/Sb.



5) section 8 of Act No. 149/2003 Coll., on trade of reproductive material

forest tree species, as amended by later regulations.



6) § 6 para. 3 Decree No. 85/1996 Coll., on forest economic

planning.



7) Article. 13 of the implementing Commission Regulation (EU) no 809/2014.



8) Article. 13 the Commission delegated Regulation (EU) no 640/2014.



9) Article. 72 para. 1 (b). and) Regulation of the European Parliament and the Council (EU)

No 1306/2013.



Article. 11 Commission delegated Regulation (EU) no 640/2014.



10) Article. 16 the Commission delegated Regulation (EU) no 640/2014.



11) Article. 39 and 40, the Commission delegated Regulation (EU) no 640/2014.



12) Act No. 229/1991 regulating ownership of land and other

agricultural property, as amended.



Act No. 428/2009 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), as amended by the Constitutional Court,

the declared under no. 177/Sb.



13) Act No. 139/2002 Coll., on the land and the land registry offices

and on the amendment of the Act No. 229/1991 regulating ownership of land and

other agricultural property as amended by later regulations.



14) Act No. 183/2006 Coll., on zoning and the building code

(the building Act), as amended.



15) Article. 2 (2). 2 regulation of the European Parliament and of the Council (EU) No.

1306/2013.