108/2012 Sb.



GOVERNMENT REGULATION



of 21 June 1999. March 2012,



amending Government Decree No. 53/2009 Coll., laying down conditions for the

providing grants to forest-environment measures, as amended by

amended



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. 85/2004 Coll. and Act No. 291/2009 Coll., and

According to § 1 (1). 3 of Act No. 256/2000 Coll., on the State farm

the intervention of the Fund and on the amendments to certain other laws (the law on the State

the agricultural intervention fund), as amended by Act No. 441/2005 Coll. and

Act No. 291/2009, code:



Article. (I)



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. and Decree-Law No.

369/2010 Coll., shall be amended as follows:



1. in article 1, section 2 (2). 1, § 4, paragraph 4. 2 and 4, § 9 para. 5 of the introductory part

provisions, the words "European Community" shall be replaced by the words "of the European

the Union ".



2. At the end of footnote No. 1, the following sentence "the Commission Regulation

(EC) no 1122/2009 of 30 November November 2009 laying down

detailed rules for the application of Council Regulation (EC) No 73/2009 as regards the

cross-compliance, modulation and the integrated administration and control system

direct support schemes for farmers provided for in that

Regulation, and to Council Regulation (EC) No 1234/2007, as regards cross-compliance in the

under the system of direct support for the wine sector, as last amended. Regulation

The Commission Regulation (EU) No 65/2011 from 27 June. January 2011, laying down

detailed rules for the application of Council Regulation (EC) No 1698/2005, as regards the

the implementation of control procedures and cross-compliance with regard to measures to

support for rural development, as amended. ".



3. In article 2 (2). 3, after the word "include" is inserted after the word "whole".



4. In article 2 (2). 3 (b). (b)), the words ' the value of the zakmenění, or the sum of the

the values of the zakmenění is "be replaced by" stand for víceetážových groups

is the value of the zakmenění deck, or the sum of values zakmenění decks ".



5. In section 3, paragraph 3. 3 (b)) shall be deleted.



Subparagraph (c)) to (h)) shall be renumbered as subparagraph (b)) to (g)).



6. In paragraph 3, the following paragraph 7 is added:



"(7) the request referred to in paragraph 1 the Fund cannot be made for the period

commencing in 2014 and for the following period. ".



7. in section 4, paragraph 4. 3 the words "and the confirmation of professional forestry care, that

There has been no reduction in the zakmenění below the seven tenths full zakmenění "

replaced by the words "and the class plus the share of ameliorating and strengthening

tree species ".



8. in paragraph 5 of the text at the end of subparagraph (d)), the words "in accordance with § 2

paragraph. 3 (b). (b)) ".



9. In paragraph 7 (2). 2 (a). (d)), the words "If there has been no reduction of area in the

as a result of the sale, "shall be deleted.



10. in paragraph 7, the following paragraph 7 is added:



"(7) the request referred to in paragraph 1 the Fund cannot be made for the period beginning

the year 2014 and for the following period. ".



11. In § 8 para. 1 to 3, after the words "stating" the words

"the economic file, the file type for the forests of the forest conservation and", the word

"committed" is replaced by the word "certified" after the words "and forestry

husbandman "with the words" and increased the share of a new class

ameliorating and strengthening tree species ".



12. in section 10, paragraphs 5 to 7, including the footnote # 19-21

shall be deleted.



13. under section 10, the following new section 10a, including title and notes

line # 28 to 30:



"§ 10a



The transfer of title of the classification in the improvement of the species composition



(1) if the conditions are not within the title improving species

the song, in the case provided for in the applicable legislation of the European right

Union ^ 28) as a result of their agricultural activity of a natural person, or

disappearance of a legal person without liquidation ^ 29), which is the applicant, reduction,

failure to provide or return of subsidies is not execute if the legal

the successor of this person, the new owner or the new tenant of forest land

previously managed by the applicant (hereinafter referred to as "the transferee") undertake in writing to

continue in full compliance with the conditions under the title improving

species composition, stand on all groups of qualified applicants

title improving the species composition.



(2) If during that twenty-year period, with

the applicant for the reduction included desktop stand, on which the group is in the

under the title the improvement of species composition provided subsidies, as a result of

lease, transfer ^ 30) or business or part of the reduction,

failure to provide or return of subsidies is not execute undertakes in writing

the transferee of part of or the whole of the undertaking of the applicant to the fullest extent

continue with the fulfilment of the conditions under the title the improvement of species composition,

and it's on all the groups listed to the applicant within the stand of the title

improving the species composition.



(3) a Licensee who undertakes in writing to continue with the fulfilment of the conditions

title improving the species composition of the acquired area referred to in paragraph 1, or

2, does not pick up a new request pursuant to § 3, but shall notify the Fund

the fact the Fund issued by the Fund and shall decide on the inclusion on

the remaining part of the period which was included the original applicant.



(4) if the transferee a written undertaking to continue in full

fulfilment of the conditions under the title improving the species composition of the acquired

forestlands in accordance with paragraph 1 or 2, and if during the period

that was the original applicant or licensee included in title

improvement of species composition to reduce classified areas according to § 7 (2).

3 or to violate the other conditions under the title improving species

the songs on the stage, on which the subsidy Fund, decide on the

reimbursement by the transferee on the part of the amount received from the original

the applicant for the period, which was the original applicant or licensee classified

title improving the species composition.



(5) if the Fund finds a violation of the conditions under the title improving

species composition, which has resulted in the return of the already provided grants,

reimbursement shall not exceed the subsidy granted during the

19 calendar years immediately preceding the year in

which the violation of the terms; in the event of violation of the conditions

under the title the improvement of species composition after expiry of the relevant

twenty-year period, the reimbursement shall be applied to no more than the subsidy

granted for twenty years.



28) Article. 44 of Commission Regulation (EC) No 1974/2006, as amended.



29) section 68 of the commercial code.



30) § 476 to 488i of the commercial code. ".



14. in annex No. 1 for forest protection "forests", the words "trees

According to annex No 3 "shall be replaced by" tree species referred to in annex No. 4 ".



15. in annex No. 3 (II). (a). f) sub-item 2 reads as follows:



"2. the zakmenění (u víceetážových stand groups)".



16. in annex No. 3 (II). (a). (f)), the following sub-item 6, which reads as follows:



"6. the class plus the share of ameliorating and strengthening tree species".



Article. (II)



Transitional provision



In cases concerning the inclusion in the title of the improvement of the species composition of forest

stands and matters of subsidies for this title started prior to the date of acquisition

the effectiveness of this Regulation shall be completed pursuant to Decree-Law No 53/2009

Coll., in the version in force until the date of entry into force of this regulation.



Article. (III)



The effectiveness of the



This Regulation shall enter into force on 1 January 2000. April 2012.



Prime Minister:



RNDr. Nečas in r.



Minister of agriculture:



Ing. Sarah b in r.