73/2015 Sb.
REGULATION OF THE GOVERNMENT
of 30 March 2004. March 2015
terms of payment in Natura 2000 sites on the farm
the soil
Change: 113/2015 Sb.
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:
§ 1
The subject of the edit
This regulation lays down further to the directly applicable provisions
The European Union ^ 1) more detailed conditions for the granting of payment in Natura
2000 on agricultural land (hereinafter referred to as the "Natura 2000").
§ 2
Natura 2000 sites
The Natura 2000 areas, in which you can provide payment in Natura
2000 on agricultural land (hereinafter referred to as "payment"), are
and bird area) ^ 2) located on the territory of 1. zones of national parks
or 1. the zone protected landscape areas ^ 3),
(b)) the localities included in the national list ^ 4)
located on the territory of 1. national parks or zone 1. the protected zone
landscape areas ^ 3) or
(c)) the area with other environmental restrictions ^ 5), which are the territory of the
1. zone or national parks 1. the zone protected landscape areas ^ 3),
that are not on the territory of the European bird area or significant
the site.
§ 3
The applicant for the grant of payments
(1) on the grant of payments may ask the natural or legal person,
which
and) is an agricultural entrepreneur under section 2e to 2ha law on Agriculture and
(b)) in the field of agricultural manages the Natura 2000 sites in accordance with § 2 at least 1
HA of agricultural land with the kind of agricultural culture of permanent grass
led by her in the register of land use by user of the relations under section
3A and following of the law on Agriculture (hereinafter referred to as "evidence of the use of
the land ").
(2) for the provision of payments may apply whether or not the State in accordance with
the law on assets of the Czech Republic and its performance in the legal
relations, which meets the condition laid down in paragraph 1 (b). (b)).
(3) the person referred to in paragraph 1 or the State referred to in paragraph
2 (hereinafter referred to as "the applicant") shall deliver to the State agricultural intervention fund
(hereinafter referred to as "the Fund") request for grant payments to 15. may the competent
the calendar year and on the form issued by the competent
the calendar year within a single application ^ 6).
§ 4
The request for payment
(1) an application for the grant of payments (hereinafter referred to as "the application") contains
and) the conditions laid down in section 3, paragraph 3. 2 of the law on agriculture,
(b) the list of parts soil blocks), to which the applicant is requesting the payment,
included in the records of the use of land, including the acreage of these parts
soil blocks; If the volume of the soil block, that is the whole of your acreage
not on the territory of the Natura 2000 area under section 2, in the application
each area of the parts of the workpiece soil block located in the area of
Natura 2000 under section 2,
(c) a declaration by the applicant) that undertakes to comply with the rules
cross-compliance laid down in annexes 1 and 2 to the regulation of the Government No. 309/2014
On the determination of the consequences of the violation of the cross-compliance providing some
agricultural support, throughout the calendar year on all it
cultivated agricultural land, and
(d)) the plot parts soil blocks referred to in subparagraph (b)) in the map parts soil blocks
in the scale 1:10 000 or more detailed.
(2) the minimum acreage on which you can make a request, shall be 1 ha of agricultural
land with the kind of agricultural culture of permanent grass in the area of the Natura
2000 pursuant to section 2.
(3) if the request is received after the period referred to in section 3, paragraph 3. 3, payment for
the conditions laid down by the regulation directly applicable European Union ^ 7)
or to reject the application.
§ 5
The payment of the
(1) Payment is provided by the Fund on the part of the soil block led by the register
the use of land located in the area of Natura 2000 referred to in section 2 with the kind of
agricultural culture of permanent grass ^ 8).
(2) the amount of the payments for the calendar year shall be calculated as the product of
the applicant cultivated acreage parts soil blocks with the kind of agricultural
a culture of permanent grass in Natura 2000 sites in accordance with § 2 and rates
referred to in paragraph 3.
(3) the rate per 1 ha of agricultural land with the kind of sustained agricultural culture
grass in Natura 2000 sites in accordance with § 2 shall be EUR 86 per year.
(4) the Fund shall provide the payment in the currency of the Czech Republic; the rate of payments under the
paragraph 3 shall be translated in accordance with 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 payment is granted.
If this is not the date of the exchange rate is fixed, the closest
the previous exchange rate.
(5) if the volume of the soil block is only partly in the area of the Natura
2000 according to § 2, the payment shall be granted on the part of the workpiece soil block.
(6) the minimum acreage on which you can provide payment, shall be 1 ha
agricultural land with the kind of agricultural culture of permanent grass in
Natura 2000 sites in accordance with § 2.
§ 6
The conditions for the grant of payments
Payment shall be granted if the applicant
and the agricultural area) Natura 2000 sites in accordance with § 2 at least 1 ha
agricultural land with the kind of agricultural culture of permanent grass, on
You can submit an application pursuant to section 4, paragraph 4. 2,
(b)) in the calendar year for which the payment is granted,
1. adheres to the rules of cross-compliance specified 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, and
2. adheres to a complete ban on the use of fertilisers ^ 9), with the exception of grazing
farm animals, and
(c)) has kept parts of the soil blocks, which requires the provision of payments in
the registration of land use on the applicant for at least from the date of delivery of the
requests to Fund 30. September of the calendar year in the area of
Natura 2000 under section 2 and at the same time in these works the soil blocks
is a kind of agricultural culture of permanent grass throughout the
the period.
section 7 of the
Notice of transfer of the business of the race
Notice of transfer of business race ^ 10) delivers the transferee Fund on
The Fund issued a form no later than 30 calendar days from the date on which the
There has been a transfer of parts of soil blocks in the register on the use of land
the acquirer.
§ 8
The granting of the reduced payments
If it finds that the applicant Pool within the single application ^ 6) failed to mention all the
area in accordance with the directly applicable European Union law
governing the financing, management and monitoring of the common agricultural
policy ^ 11) and the difference between the total area referred to in the application and
Summary of total area referred to in the request and the request is nevykázané
and) greater than 3% but less than or equal to 4% of the area indicated in the application,
the payment shall be reduced by 1% ^ 12)
(b)) is higher than the 4% but less than or equal to 5% of the areas referred to in the application,
the payment shall be reduced by 2% ^ 12), or
c) higher than the 5% of the areas referred to in the request, the payment shall be reduced by 3% ^ 12).
§ 9
Withholding of payments
(1) the Fund does not provide payment, if it finds that the applicant has not complied with the condition
referred to in section 6 (a). and).
(2) the Fund does not provide payment, if it finds that the applicant has not complied with the condition
referred to in section 6 (a). (b)), point 2. For failure to comply with this condition shall be deemed to
also failure to fertiliser in the course of checks on ^ 13)
or submission of such evidence, it is not possible from the information
to find out.
(3) the payment of the Fund on the part of the soil block fails, if it finds
that the applicant on the part of the soil block does not meet the condition set out in section 6 of the
(a). (c)).
(4) the Fund for the payment of the assessment of the shares in accordance with section 7 shall be granted if the purchaser
The Fund does not deliver a notice of transfer of the business of the race on the Fund issued by the
form, and no later than 30 calendar days from the date when the
the transfer parts soil blocks in the records of the use of land.
§ 10
The return of the payment
If subsequently found that the applicant, which payment was already
granted, did not meet the conditions for the granting thereof, the returns on the basis of
the decision of the Fund provided to the payment for the calendar year of the
the bank account of the Fund, of which he was granted; Similarly,
in the case of the additional facts that could have been
the reason for the reduction in payments.
§ 11
Common provisions
If you have not complied with the conditions laid down in this Regulation as a result of
force majeure ^ 14), provisions for the reduction, the lack of or the return
payments under section 8 to 10 shall apply.
§ 12
Rounding
The Fund for the calculation of the figures referred to in this Regulation shall apply
mathematical rounding to 2 decimal places.
§ 12a
The deadline for the submission of applications for the grant of payments for the year 2015
(1) for the year 2015 may be a request for payment under section 3 (3). 3
deliver to Fund 29. may 2015.
(2) if it is for 2015 the request for payments received after the deadline
referred to in paragraph 1, the provisions of section 4, paragraph 4. 3 apply mutatis mutandis.
section 13
The effectiveness of the
This Regulation shall enter into force on the day 15. April 2015.
The President of the Government:
MSC. in r. Sobotka.
Minister of agriculture:
Ing. Abdoul in r.
Selected provisions of the novel
section 14 of the regulation of the Government No. 113/2015 Sb.
The transitional provisions of the
The procedure for applications for the year 2015 initiated by Government Regulation No.
73/2015 Coll., as amended effective prior to the date of entry into force of this
Regulation, shall be completed in accordance with the Government Decree No. 73/2015 Coll., as amended by
effective from the date of entry into force of this regulation.
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.
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.
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.
section 45e, paragraph 2). 2 Act No 114/1992 Coll., on nature and landscape protection,
in the wording of later regulations.
section 14, paragraph 3). 2 (a). and (b)) of the Act) and no 114/1992 Coll., as amended by
amended.
§ 45a, paragraph 4). 2 Act No 114/1992 Coll., as amended.
5) Article. 30 paragraph. 6 (a). (b)) the European Parliament and of the Council (EU)
No 1305/13, as amended.
6) Article. paragraph 72. 4 regulation of the European Parliament and of the Council (EU) No.
1306/13, as amended.
Article. 11 Commission delegated Regulation (EU) no 640/2014.
7) Article. 13 Commission delegated Regulation (EU) no 640/2014.
8) § 3 (b). (b)) Government Regulation No. 307/2014 Coll., laying down details
registration of land use by user relations.
9 section 2 (b)). and Act No 156)/1998 Coll., on fertilisers, supporting soil
substances, preparations and auxiliary plant substrates and
agrochemickém testing of agricultural soil (fertilizers Act), as amended by
amended.
Article 10). 8 Commission Regulation (EU) no 809/2014.
11) Article. paragraph 72. 1 (a). and) the European Parliament and of the Council (EU)
No 1306/13, as amended.
12) Article. 16 the Commission delegated Regulation (EU) no 640/2014.
13) Article. 49 to 53 of the implementing Regulation (EU) no 809/2014.
Decree No. 377/2013 on storage and how the use of fertilizers, in
as amended.
14) Article. 4 Commission delegated Regulation (EU) no 640/2014.
Article. 2 (2). 2 regulation of the European Parliament and of the Council (EU) no 1306/2013
in the current version.
