81/2007 Sb.
GOVERNMENT REGULATION
of 11 December 1997. April 2007,
amending Government Decree No. 242/2004 Coll., on conditions for the implementation of the
measures to promote the development of non-productive functions of agriculture
relating to the protection of the environment (on the implementation of
agri-environmental measures), 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. (hereinafter the "Act") to
implement section 2 c of paragraph 1. 2 (a). (b)) of the Act, and under section 1 (1). 3 of Act No.
256/2000 Coll., on the State agricultural intervention fund and amending
some other laws (the law on the State agricultural intervention
Fund), as amended by Act No. 441/2005 Coll.:
Article. (I)
Decree-Law No 242/2004 Coll., on conditions for the implementation of measures to
support the development of non-productive functions of agriculture, consisting of
the protection elements of the environment (on the implementation of agri-environment
measures), as amended by regulation of the Government No. 542/2004 Coll., regulation of the Government No.
119/2005 Coll., regulation of the Government No. 515/2005 Coll. and Decree-Law No.
351/2006 Coll., is amended as follows:
1. in article 4, paragraph 1 reads:
"(1) an application for the granting of subsidies within the
Agri-environment measures (hereinafter referred to as "the application for the granting of subsidies")
the applicant delivers to the Fund to the Fund issued a form each year to
May 15 of the calendar year for which the grant is provided. ".
2. In section 4, paragraph 4. 3, the words "working day" shall be replaced by "working
day ^ 8a) ".
Footnote No. 8a is inserted:
"Article 8a). 21 of Commission Regulation (EC) No 796/2004. ";
3. in paragraph 4, the following paragraph 6 is added:
"(6) if the applicant so requests to exclude from the agri-environmental
measures, the Fund excludes the applicant; any obligation to return provided by the
This does not affect the subsidy. "
4. in § 5 para. 1 the first sentence, the word "applicant" shall be replaced by
"Unless this regulation otherwise (Section 5a paragraph 2. 5), the applicant "and after the word
"request" with the words "for a change".
5. § 5 para. 1 the second sentence, the word "amount" shall be replaced by
"the inclusion of" and the words "30. April "is replaced by" 15. may ".
6. in § 5 para. 1, the last sentence shall be deleted.
7. in § 5 para. 2 the word "calendar" is deleted.
8. in § 5 para. 3 the words "measures referred to in paragraph 2" shall be replaced by
"legal basis pursuant to section 2".
9. in § 5 para. 5 (b). (e)), the word "or" is replaced by the words ", where appropriate,
afforestation of agricultural land on the soil of the block or its part ^ 12b) ".
Footnote No. 12b is inserted:
' Article 12b). 43 of Council Regulation (EC) No 1698/2005 of 20 October 2005. September 2005 on the
support for rural development from the European agricultural fund for development
rural development (EAFRD), in their up-to-date versions. ".
A reference to the former footnote No. 12b is replaced by no.
12 and footnote # 12 c:
"12 c) section 170 of the Act No. 183/2006 Coll. on territorial planning and building
order (the building Act). ".
10. In § 5 paragraph 6 is added:
"(6) If during the relevant five-year period, the applicant
to reduce the acreage of agricultural land in accordance with paragraph 5, subsidies will be granted
on the assessment of agricultural land that is subject to change, in
the proportional amount corresponding to the length of the period for which it was registered in the
records of soil ^ 5), or on the date of occurrence of the event referred to in paragraph 5
(a). (c)); a pro rata amount of the subsidy shall be granted on the assessment of agricultural land,
that is subject to change if the applicant this assessment not registered
on the day of application for the granting of subsidies in the land register ^ 5).
11. in § 5 para. 7, the words "for which the subsidies granted under the
agri-environmental measure, ' shall be deleted, the words "the reduced acreage"
replaced by the words "reduction of acreage" and the word "granted" is replaced by
the words "granted".
12. in section 5, paragraphs 8 to 10 are added:
"(8) the applicant shall submit an application for a reduction in the Fund included acreage of agricultural
the soil, if to reduce the acreage of agricultural land included in the
appropriate agri-environmental measure was due to the fact
referred to in paragraph 5 or 7 in the period from the filing date of the application for
grant until 31 December 2006. December of the calendar year,
and at the latest until 31 December 2008) January of the following calendar year, for measures
1. pursuant to section 2 para. 1 (b). a), b), (d)) or (e)), or
2. pursuant to section 2 para. 1 (b). c) points 1, 2, 4, or 5, or
(b)) by 30. April of the following calendar year, for measures
According to § 2 (2). 1 (b). c) point 3 or 6;
application to be submitted after that date, unless the request referred to in paragraph 9, the Fund
will be rejected. If an applicant submits an application for the reduction included acreage
of agricultural land as a result of the facts referred to in paragraph 5 does not pick up
with this request change request applications for the granting of subsidies to the competent
calendar year. The time limits referred to in this paragraph shall not apply to
notice of force majeure ^ 9).
(9) the applicant shall submit to the Fund at the same time with the application for the granting of subsidies to
the calendar year the change request classification, indicating
the required increase in the acreage of agricultural land classified under paragraph 1 and
the reduction included acreage of agricultural land as a result of the facts
referred to in paragraph 5 or 7, with the exception of the reduction notified within the time limit
in accordance with paragraph 8.
(10) the Fund on the basis of the request for reclassification submitted pursuant to paragraphs 1,
8 or 9 shall decide on the inclusion in the agri-environmental measures
taking into account the change in the acreage of agricultural land. If the applicant submits a request for
the change in assessments, which reduces the assessment of agricultural land included in the
appropriate agri-environmental measures in accordance with paragraphs 5, 6 or 7 of
all included assessment, decide to exclude the applicant from the Fund
appropriate agri-environmental measure; any obligation to return
grant or part thereof is not affected. "
13. in section 5, paragraphs 11 to 14 are deleted.
14. in section 5, the following new section 5a, including title and notes
line no. 13 and 14 read as follows:
"§ 5a
The transition and the transfer of inclusion in the agri-environmental measure
(1) if the applicant has appropriate occurs
agri-environmental measure as a result of their agricultural activities
the natural person or the dissolution of a legal person without liquidation ^ 13), which is
the applicant, a reduction or refund, failure subsidies is not execute
If it is the legal successor of such person, or a new user of agricultural
land previously cultivated by the applicant (hereinafter referred to as "the transferee"), in writing,
undertake to continue in full compliance with the conditions of the competent
agri-environmental measures.
(2) If during the relevant five-year period, the applicant
to reduce the acreage of agricultural land, which is within the
agri-environmental measures provided by the subsidy, as a result of the conversion,
the lease or sale of part of or the whole enterprise ^ 14), reduction,
failure to provide or return of subsidies is not execute undertakes in writing
the purchaser or lessee under the whole business of the applicant or continue
fulfilment of the conditions of the relevant agri-environmental measures on the acquired
part of this business to the same extent and undertakes in writing to the applicant,
as the transferor in the case of transfer of part of this business will continue
in compliance with the conditions of the relevant agri-environmental measures on the
nepřeváděné part of the undertaking.
(3) If a purchaser or tenant who is already included in the
appropriate agri-environmental measures, undertake in writing to continue
fulfilment of the conditions of the agri-environmental measure on the acquired acreage
agricultural land under paragraph 1 or 2, does not pick up a new request
inclusion (section 3) but shall notify the Fund to the Fund issued
form, with
and the assessment of the shares) in accordance with paragraph 1 or 2, the provisions of § 5 para. 1
up to 4 do not apply;
(b)) if the acquired agricultural land in accordance with paragraph 1 or 2 is included in the
appropriate agri-environmental measure pursuant to § 2 (2). 1 (b). and)
(b)), (d)) or (e)), or according to § 2 (2). 1 (b). c) points 3 to 6 for a shorter
time than agricultural land, which the purchaser or lessee until the
the acquisition of agricultural land in accordance with paragraph 1 or 2 to this
measures, and at the same time the share of payments of agricultural land exceeds the 25%
acreage of agricultural land, which the purchaser or lessee until the
the acquisition of agricultural land in accordance with paragraph 1 or 2 to this
measures, the purchaser or lessee on the Fund issued by the
a comprehensive assessment of agricultural land included in this measure and the Fund
down in the new decision on the classification of the start date of the five-year period
corresponding to the calendar year when the newly acquired agricultural land
included the original applicant in this action;
(c)) in other cases the purchaser or lessee shall be indicated on the Fund issued
the comprehensive assessment of agricultural land included in this measure
and the Fund shall lay down in a new decision on the classification of the start date of the five-year
the period corresponding to the calendar year when the purchaser or lessee
included in this measure.
(4) If a purchaser or tenant that is not included in the
appropriate agri-environmental measures, undertake in writing to continue
fulfilment of the conditions of the agri-environmental measure on the acquired acreage
agricultural land under paragraph 1 or 2, does not pick up a new request
inclusion (section 3) but shall notify this fact to the Fund the Fund issued
the form in which it will be listed area pertaining to that
agri-environmental measures, and the Fund shall lay down in a new decision on
the inclusion of the remaining part of the period during which the purchaser or lessee
included in this measure.
(5) If a transfer of obligations arising under the terms of the classification of
to the appropriate agri-environmental measures as a result of the facts
referred to in paragraph 1 or 2, sets out the
and the acreage of agricultural land), which may be subject to the increase included
acreage pursuant to § 5 para. 1 in the course of the remaining portion of the
the five-year term as the sum of the purchaser not yet limit the shortfall
the increase included acreage pursuant to § 5 para. 1 and the aliquot of the transferor
Yet the shortfall limit increases in accordance with § 5 para. 1 corresponding
the aliquot part included the acreage converted to the transferee; limit increase
the acreage for the transferor correspondingly,
(b) the acreage of agricultural land), which may be the subject of a reduction included
acreage pursuant to § 5 para. 5 (b). g) during the remainder of the relevant
the five-year term as the sum of the purchaser not yet limit the shortfall
reduce the listed acreage pursuant to § 5 para. 5 (b). (g)) and the aliquot part
by the transferor before the shortfall limit reduction referred to in § 5 para. 5 (b). (g))
the appropriate aliquot portions included the acreage converted to the transferee;
limit the reduction in acreage for the transferor will be accordingly reduced.
(6) If a purchaser or lessee a written undertaking to the fullest extent
continue the fulfilment of the conditions of the relevant agri-environmental measure
the total area of agricultural land acquired pursuant to paragraph 1 or 2, and if in the
during the period, which was the original applicant or licensee, or
tenants included in this agri-environment measures, to reduce the
included acreage of agricultural land according to § 5 para. 7 or to violate the
other terms and conditions of the relevant agri-environmental measure on
agricultural land, on which it was granted, decides to subsidies Fund of
return part of the grant the purchaser, for the period that was
the original applicant or licensee or lessee.
(7) If during the relevant period, when any is detected
breach of the conditions by the applicant, leading to the application of the procedure under section 16 to
20, to convert the inclusion in relevant agri-environmental measures in the
as a result of the facts referred to in paragraph 1 or 2, the procedure referred to in section 16 of the
up to 20 shall apply in the context of the decision to grant a subsidy to the transferee or the
the tenants to a part of the enterprise (acreage) obtained from the original applicant.
(8) if the Fund finds a violation of the conditions of the competent
agri-environmental measures, which has resulted in a refund
subsidy shall return the subsidies for a maximum grant
granted during the four calendar years immediately
preceding the year in which there has been a breach of the terms; in the case of
the findings of violations of the terms and conditions of the relevant agri-environmental measure
After expiry of the relevant five-year period, the reimbursement shall be applied
no more than the subsidy granted for five calendar years.
13) § 68 of the commercial code.
14) § 476 to 488i of the commercial code. ".
15. in section 6 paragraph 6 is added:
"(6) if the applicant is applying for a grant on grassland under the Sub-measure
organic farming shall observe during that five-year
period of stocking density of livestock referred to in annex 2 to the
This Regulation (hereinafter referred to as "listed livestock") on 31 December 2001.
July of the calendar year of at least 0.2 large
livestock units per ha of grassland managed by the applicant
logged in the register of land and ^ 5), but not more than 1.5 livestock unit
for each ha of agricultural land managed by the applicant, and logged in
records of soil ^ 5). ".
Footnote No. 15a is deleted.
16. in section 6 paragraph 7 is added:
"(7) if the applicant, on the date 31. July of the calendar year
horses, delivers the pool to 15. in September of the calendar year with a copy of
^ registry 15b) together with a completed form issued by the Fund, in which the
the number of horses into livestock units to
that date. ".
17. In paragraph 6 of paragraph 8 is added:
"(8) an integral part of the request for grant is a map of soil
blocks with drawings of the various cultures, or crops referred to in paragraph
9. ".
18. In article 7 (2). 5 (b). and the words "), calculated on the average for the period from
1 January to 31 December 2004. August ' shall be replaced by "to 31. July ".
19. in paragraph 7 (2). 5 (b). (b)), the words "held in the land register ^ 5)"
replaced by the words "registered in the land register ^ 5) 31. December
the calendar year ".
20. In paragraph 7 (2). 5 (b). (c)), the words "30. June "is replaced by" 15.
July ".
21. in section 7 (2). 6 (a). (c)), after the words "bow", the words "registered
in the land register ^ 5) 31. December of the calendar year ".
22. in section 7 (2). 7 (b). (g)), after the word "pasture" the words
"registered in the land register ^ 5) 31. December of the calendar
of the year ".
23. in paragraph 7, in the introductory part of the provisions of paragraph 8, the words "written
consent "shall be replaced by" an affirmative representation ".
24. In paragraph 7 (2). 8 (a). (b)) of the point 2, the words "15. July "are replaced by
the words "31. July ".
25. in section 7 paragraph 10 is added:
"(10) if the applicant, on the date 31. July of the calendar
the year of the horse, will deliver the Fund to 15. in September of the calendar year with a copy of
^ registry 15b) together with a completed form issued by the Fund, in which the
the number of horses into livestock units to
that date. ".
26. in article 7, paragraph 11 shall be deleted.
27. in § 8 para. 5 (b). and) the words "15. July ' is replaced by ' 31.
July ".
28. in § 9 para. 6 (a). and) the words "15. July ' is replaced by ' 31.
July ".
29. in section 10, paragraph 1. 3 (b). (c)), the words "30. April "is replaced by" 15.
may ".
30. In section 10, paragraph 1. 3 (b). (c)), point 1, the words "referred to in paragraph 1 (b). (b)) "
shall be deleted.
31. in paragraph 11 (1) 4 (b). (d)), the words "written approval" are replaced by
the words "on the basis of an affirmative representation".
32. In § 13 para. 5 (b). (c)), the words "30. April "is replaced by" 15.
may ".
33. In § 14a para. 1 (b)):
"(b) the assessment of the individual soil blocks), where applicable, their parts
land parcel ^ 5) in the case of subparagraph (a)) of point 1, ".
34. In § 14a para. 1 (b). (c)), the words "(a))" shall be replaced by
"(a)) of the point 2".
35. In § 14a para. 4 (b). f), the words "fruit and analysis of these samples
by a competent person "shall be replaced by the words" fruit, analysis of these samples
does the person technically competent ".
36. In article 15, paragraph 2. 17, the words "; the amount of subsidy granted pursuant to this
Regulation in order to ensure the respect of the maximum amount determined under
This paragraph is converted according to the current exchange rate of the European Central
the Bank on the date of the granting of subsidies "shall be deleted.
37. In article 16(1). 1, letter a) including footnote AA No.:
"and the legal basis of organic farming) breach of the conditions laid down for
management in the context of organic agriculture Organic Act
Agriculture ^ 7), which resulted in a final decision imposing a fine in accordance with
the law on organic agriculture ^ 7) of over 50 000 to 70 000 Eur
including ^ AA), unless the imposition of fines for violations of the terms of a final decision
referred to in article 23 of the law on organic agriculture ^ 7),
AA) § 33 para. 5 (b). d) of Act No. 242/2000 Coll., as amended by Act No.
553/2005 Coll. ".
Footnote AA No is referred to as a footnote
# 24e, including a link to a footnote.
38. In article 16(1). 1 (b). (b)) point 1, the words "or under section 7 (2). 10 "
shall be deleted.
39. In article 16, the following paragraph 6, including the footnotes No.
24F and 24 g:
"(6) in the calendar year within the
agri-environmental measures, calculated under section 15 shall be reduced
and) 3%, if the Fund finds the applicant in application of the legal basis
organic farming in the calendar year breach of conditions
laid down for the management in the framework of organic farming act
organic farming ^ 7), which resulted in a final save
fines under the law on organic agriculture ^ 7) amounting to 20 000 CZK
including ^ 24f), unless the imposition of fines for violations of the terms of a final decision
referred to in article 23 of the law on organic agriculture ^ 7),
b) by 10%, if the Fund finds the applicant in application of the legal basis
organic farming in the calendar year breach of conditions
laid down for the management in the framework of organic farming act
organic farming ^ 7), which resulted in a final save
fines under the law on organic agriculture ^ 7) of over 20 000 CZK
to 50 000 CZK including ^ 24 g), unless it is a final decision on the imposition of fines for
breach of the conditions laid down in article 23 of the law on organic agriculture ^ 7).
24F) § 33 para. 5 (b). a) and b) of Act No. 242/2000 Coll., as amended by law
No 553/2005 Sb.
24 g) § 33 para. 5 (b). c) of Act No. 242/2000 Coll., as amended by Act No.
553/2005 Coll. ".
40. In § 17 paragraph 2. 1 (b). and) point 1 including footnote # 24 h:
"1. the breach of the conditions laid down for organic farming in
Agriculture law on organic farming ^ 7), which was considered
the final result in the imposition of fines under the law on organic
Agriculture ^ 7) of over 70 000 to 1 0000 0000 CZK including ^ 24 h),
unless the imposition of fines for violations of the terms of a final decision referred to in §
23 of the law on ecological agriculture ^ 7),
24 h) § 33 para. 5 (b). (e)) and paragraph 2. 6 of Act No. 242/2000 Coll., as amended by
Act No. 553/2005 Coll. ".
41. In § 17 paragraph 2. 3 the words "§ 16 para. 1 (b). and) "are deleted.
42. In paragraph 19, at the end of the text of paragraph 2, the words "(a). (b)) to
(j)) ".
43. In article 22, paragraph 2, including footnote # 26 be deleted.
Paragraphs 3 to 6 shall be renumbered 2 to 5.
44. In paragraph 22, the following paragraph 6, including footnotes.
25A is inserted:
"(6) in the event that the Fund shall provide the applicant a subsidy, to which the applicant had not
claim, and the amount shall not exceed 2 500 €, this amount, the Fund enforce ^ 25a).
25A) Article. paragraph 73. 8 Commission Regulation (EC) No 796/2004. ";
45. In Appendix 1, point 2, the words "15. July ' is replaced by ' 31.
July "and the words" 15. October "shall be replaced by ' 31. October ".
46. In Appendix 1, point 2, point (a)), including footnotes.
26A shall be deleted. Subparagraph (b)), and (c)) shall become letters and) and
(b)).
47. Appendix 2 is added:
"Annex 2 to the regulation of the Government No. 242/2004 Sb.
The species and categories of animal započítávaných in the calculation of
the stocking density pursuant to § 6 paragraph 1. 6 and 7, section 7 (2). 3, § 7 (2). 5 (b).
and, § 7 (1)). 7 (b). and, § 7 (1)). 8 (a). c) point 1 and according to § 7 (2).
10 and the coefficient per livestock unit
--------------------------------------------------------------------------
The species and categories of animals Coefficient conversion
per livestock unit
--------------------------------------------------------------------------
bovine animals aged over 24 months 1.0
--------------------------------------------------------------------------
bovine animals aged over 6 months to 24 months 0.6
--------------------------------------------------------------------------
bovine animals aged over 1 month to 6 months 0.2
--------------------------------------------------------------------------
sheep aged over 12 months 0.15
--------------------------------------------------------------------------
tits over the age of 12 months 0.15
--------------------------------------------------------------------------
horses aged over 6 months 1.0
--------------------------------------------------------------------------
the horse under the age of 6 months 0.4
--------------------------------------------------------------------------".
48. in annex No 4 in the Special herbs are added
"Cornflower blue
Centaurea cyanos L.
Mint plant
Mentha rotundifolia
Savory perennial
Satureja montana L. "
and in the following Vegetables
"Shallot
Allium ascalonium Strand. et Manet. non l.
Asparagus
Asparagus officinalis
Common bean dwarf French bean
Phaseolus vulgaris l. var. nanus L.
Common bean climbing
Phaseolus vulgaris l. var. vulgaris
Fennel sweet
Foeniculum vulgare Mill. var. dulce
Pea sugar
Pisum sativum l. convar. axiphium Alef. emend. C. O. Lehm.
Wrinkled pea pea
Pisum sativum l. convar. medullare Alef. emend. C. O. Lehm.
Rocket (eruca sativa)
Eruca sativa Miller (son of Rucola coltivata.)
Turnip
Brassicca napus var. napobrassica
Pumpkin oil palm
Cucurbita pepo l. var. oleifera
Turnip (Brassica rapa turnip)
Brassica rapa l. var. Rapa ".
49. In annex 11, part A, in the part of the Fungicides, the following text
"------------------------------------------------------------------
Copper hydroxide KOCIDE 2000-
------------------------------------------------------------------
SULIKOL 750 SC-sulphur
------------------------------------------------------------------
SYLLIT 400 SC-dodine
------------------------------------------------------------------
FUNGURAN OH 50 WP-copper hydroxide
------------------------------------------------------------------
CUPROCAFFARO (oxychlorid Cu ++)
------------------------------------------------------------------
Talent (myclobutanil)
------------------------------------------------------------------
ORNAMENT 250 EW (tebuconazole)
------------------------------------------------------------------
TELDOR 500 SC (fenhexamid)
------------------------------------------------------------------".
50. In annex 11, part A, in the part of insecticides and acaricides with lyrics
"AZTEC EW 140 (triazamate)".
"MAGUS 200 SC (fenazaquin)" and
"ORTUS 5SC (fenpyroximate)"
and the following text shall be deleted;
"STEWARD 30 WG (indoxacarb)".
51. In annex 11, part A, in the part of the Herbicides, the following text
"------------------------------------------------------------------
STOMP 400 SC-pendimethalin
------------------------------------------------------------------
FUSILADE FORTE 150 EC-fluazifop-P-butyl
------------------------------------------------------------------
GLYFOS (glyphosate-IPA)
------------------------------------------------------------------".
52. in annex 11, part B in the Fungicides, the following text
"------------------------------------------------------------------
CUPROCAFFARO (oxychlorid Cu ++) *)
------------------------------------------------------------------
GOLD CURZATE (cymoxanil + mancozeb))
------------------------------------------------------------------
FUNGURAN-OH 50 WP (hydroxide, Cu ++) *)
------------------------------------------------------------------
KOCIDE 250 SC (hydroxide, Cu ++) *)
------------------------------------------------------------------
KUPROKOL 250 SC (oxichlorid Cu ++) *)
------------------------------------------------------------------
VERITA (fenamidone + fosetyl Al) *)
------------------------------------------------------------------
SULIKOL 750 SC (sulphur) *)
------------------------------------------------------------------
MELODY COMBI 43.5 WP (iprovalicarb + folpet) *)
------------------------------------------------------------------
MAX QUADRIS (azoxystrobin + folpet) *) *)
------------------------------------------------------------------
Talent (myclobutanil) **)
------------------------------------------------------------------".
53. in annex 11, part B section of insecticides and acaricides with text
"MAGUS 200 SC (fenazaquin)" be deleted and the following text "STEWARD 30 WG
(indoxacarb) ".
54. in annex 11, part B in the Herbicides, the following text
"------------------------------------------------------------------
GLYFOS (glyphosate-IPA)
------------------------------------------------------------------
KAPUT HARVEST (glyphosate-IPA)
------------------------------------------------------------------".
Article. (II)
Transitional provision
Applications made under regulation of the Government No. 242/2004 Coll., in the version in force
to the date of entry into force of this regulation, shall be assessed in accordance with regulation
Government No. 242/2004 Coll., in the version in force until the date of entry into force of this
of the regulation.
Article. (III)
The effectiveness of the
This Regulation shall enter into force on 20 March 2004. April 2007.
Prime Minister:
Ing. Topolanek in r.
Minister of agriculture:
Mgr. Gandalovič in r.
