The Provision Of Payment In Natura 2000 Sites On Agricultural Land

Original Language Title: poskytování plateb v oblastech Natura 2000 na zemědělské půdě

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=83919&nr=73~2F2015~20Sb.&ft=txt

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.