106/2009 Sb.



GOVERNMENT REGULATION



of 14 July 1999. March 2012,



amending Government Decree No. 147/2008 Coll., laying down conditions for the

the provision of subsidies on the conservation of economic forest in file

under the measures, Natura 2000 in forests, as 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. 144/2008 Coll., laying down conditions for the granting of

grants for the conservation of economic forest cover within the file

measures to Natura 2000 in forests, as amended by Government Decree No. 51/2009 Coll.,

Government Regulation No. 83/2009 Coll., regulation of the Government No. 480/2009 Coll., and

Government Decree No. 369/2010 Coll., shall be amended as follows:



1. in article 1, section 2 (2). 1 introductory part of the provisions, § 4, paragraph 4. 2 and 4, § 7

paragraph. 4 and § 8 paragraph. 4 of the introductory part, the words ' the provisions of the European

the Community ' shall be replaced by the words "European Union".



2. At the end of footnote 1, the following sentence "the Commission Regulation

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 implementation of the

cross-compliance control procedures and with regard to measures to promote

rural development ".



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

"that at least 50% of its area" shall be replaced by the words "that 100% of their

the desktop ".



4. In article 3, paragraph 3. 3 (b)) shall be deleted.



Subparagraph (c)) to (g)) shall become point (b)) to (f)).



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



Subparagraph (d)) to (f)) shall become points (c) to (e)).)



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 paragraph 6, the following paragraph 4 is added:



"(4) the rate of the subsidy referred to in paragraphs 1 and 2 shall be reduced by EUR 60 per 1 hectare per

the calendar year, with respect to that portion of the areas selected, the vegetation of the group that

do not lie on the territory of Natura 2000 ^ 2); the amount of the payments to the Fund shall be calculated according to the procedure

referred to in paragraph 2 ".



8. In article 7 (2). 2 at the end of the text of subparagraph (d)), the words "If there were no

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



9. In paragraph 7 (2). 2 at the end of paragraph (e)), the word "or" is deleted.



10. In paragraph 7 (2). 2 at the end of subparagraph (f)) following the word "or".



11. in section 7 (2). 2, letter f) the following new paragraph (g)), which read as follows:



"(g)) definition of the Natura 2000 area update ^ 2)".



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



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

the year 2014 and for the following period. ".



13. in § 9 para. 3 at the end of subparagraph (c)), the word "or" is deleted.



14. in section 9 is at the end of paragraph 3, the dot is replaced by "or", and

the following point (e)), which read as follows:



"e) update the definition of the Natura 2000 area ^ 2).".



15. in article 9, paragraphs 4 to 6 shall be deleted.



16. in section 9 shall be added to § 9a, including title and notes

footnote # 19 to 21 is:



"§ 9a



The transfer of title of the classification in the preservation of the economic file



(1) the conditions are not met within the conservation title of the economic

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

Union ^ 19) as a result of their agricultural activity of a natural person, or

disappearance of a legal person without liquidation ^ 20), which is the applicant, reduction,

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

the successor of this person or the new owner of forest land previously

managed by the applicant (hereinafter referred to as "the transferee") a written undertaking in

continue in full compliance with the conditions under the title conservation

the economic file, and this on all the stand groups included

to the applicant within the conservation title of the economic file.



(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, keeping the economy provided a subsidy, in the file

as a result of the transfer of ^ 21) or a 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 within the conservation title of the economic

file, and this on all the groups listed to the applicant within the stand

the title of the preservation of the economic file.



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

keeping the economy on the file title acquired the desktop under paragraph 1

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

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

for the remainder of the period to which it has been ranked the original applicant.



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

fulfilment of the conditions under the title of keeping the economy on a file

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 title

maintaining the economic file, to reduce classified areas according to § 7

paragraph. 3 or in violation of other conditions in the context of the title of conservation

the economic file, to which the subsidy is granted, decides to Fund

about the return of subsidies by the transferee on the part of the surface obtained from the original

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

to maintain the economic file title.



(5) if the Fund finds a violation of the conditions within the conservation title

the economic file, which has the effect of returning the already provided

the subsidy shall return the subsidies for a maximum subsidy provided in the

during 19 calendar years immediately preceding the

the year in which there has been a breach of the terms; in the event of infringement of

the conditions of keeping the economy under the title of the file after the

twenty-year period, the appropriate reimbursement shall apply for a maximum of

the subsidy granted for twenty years.



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



20) § 68 of the commercial code.



21) § 476 to 488i of the commercial code. ".



Article. (II)



Transitional provision



Processing of requests initiated before the date of entry into force of this regulation

shall be completed in accordance with Government Decree No. 147/2008 Coll., in the version in force in

the effective date 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.