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Changing The Subsidies In The Framework Of Forest-Environmental Services

Original Language Title: změna dotací v rámci opatření lesnicko-environmentální služby

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36/2017 Sb.



GOVERNMENT REGULATION



of 30 March 2004. January 2017,



amending Government Decree No. 29/2016 Coll., on conditions for the provision of

grants in the framework of forest-environment and climate services and

protection of forests and amending some related government regulations, and the

change some related government regulations



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. 128/2003 Coll., Act No. 85/2004 Coll.

Act No. 291/2009 Coll. and Act No. 179/2014 Coll. and under section 1 (1). 3

Act No. 257/2000 Coll., on the State agricultural intervention fund, and

amendments to 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 Sb:



PART THE FIRST



Change of government regulation on the conditions for the granting of aid under the measures

forest-environment and climate services and protection of forests



Article. (I)



Government Regulation No. 29/2016 Coll., on conditions for the provision of subsidies in the framework of the

forest-environment measures and climate services and protection of forests and

amending some related government regulations, is amended as follows:



1. In article 3, paragraph 3. 3, the word "March" shall be replaced by "may".



2. in § 5 para. 1 and in section 6 (1). 1 the words "stand group" shall be deleted.



3. in § 5 para. 5 at the end of the text of the letter b), the words "; in

If the term deck time referred to in the plan or the outline is higher than

the upper limit for the term period referred to in the annex, the vegetation type

This Regulation shall, for the evaluation of this condition

the value of the upper limit of the term for the period, the vegetation type according to the

the annex to this regulation. "



4. In paragraph 5, at the end of paragraph 7, the following sentence "If in the first year

the validity of the plan or outline the applicant does not have a valid data warehouse plan

or an outline, you can stand the group classified on the basis of the data of the previous

plan or an outline. "



5. In section 6 is at the end of paragraph 4, the following sentence "If in the first year

the validity of the plan or outline the applicant does not have a valid data warehouse plan

or an outline, you can stand the group classified on the basis of the data of the previous

plan or an outline. "



6. In article 7, paragraphs 4 and 5 are added:



"(4) an applicant who has submitted an application for inclusion in the submeasures referred to in § 2

(a). and)



and shall state in the request) grant



1. unique identification of ^ 3) selected decks,



2. the surface area of the stand of the group referred to in the application for inclusion, which asks

grant,



3. details of the plan or the outline and



4. in the case of the implementation of the statement of the recovery by restoring,



(b) every year the Fund) shall submit together with the application for the provision of subsidies,

the announcement confirmed a professional forest disaster that for the selected deck in

the Group has changed the stand porostního of marketing

file,



(c)), in the case of the implementation delivers to the recovery of the selected deck stand group

together with the application for the granting of subsidies



1. notice of renewal, stating clearly identify ^ 3) of this

deck,



2. the date of the beginning of the obnovních hits, the regeneration process and the method and extent of the

restoration in hectares, which the applicant has performed in the period from the submission of the last

requests for subsidies; If the restore was initiated in the framework of the

the applicable plan or outline prior to the inclusion of the applicant according to submeasure

section 2 (a). a), the applicant submits with the application for the provision of subsidies

notice of renewal of already in the first year of the commitment.



(5) the applicant who submitted the application for inclusion into the submeasures referred to in § 2

(a). (b)), shall be specified in the request for grant



and) unique identification of ^ 3) the vegetation of the group that meets

the conditions referred to in section 6 (1). 2,



(b)), the vegetation surface groups referred to in the application for inclusion, which asks

grant, and



(c)) the data from a plan or an outline. ".



7. In § 8 para. 1 (b). (d)), the words "all cultivated by him

agricultural land, "shall be replaced by" soil blocks, or their parts,

in the register kept by the applicant and the land ".



8. In section 8 paragraph 1. 2 (a). and the text ") § 7 para. 4 (b). (b)), and (d)) ' is replaced by

the text "section 11 para. 10. "



9. footnote No 11 is deleted, including a link to the note

below the line.



10. in § 9 para. 2, the words "on forest land ^ 3) ' shall be deleted.



11. in section 10, paragraph 1. 4 at the end of the text of subparagraph (a)), and in words "

If the area will decide on the return of a subsidy granted to the desktop,

the original area was reduced ".



12. in section 10, paragraph 1. 4 (b). (b)), after the words "the householder", the words

"in accordance with paragraph 9" and after the words "to this altered area"

the words "and in the event of a reduction of area will decide on the repayment of subsidies

on the surface, which was the original surface is reduced ".



13. in section 10, paragraph 1. 5 (b). (b)), after the words "the householder", the words

"in accordance with paragraph 9".



14. in paragraph 10 of the text at the end of paragraph 6, the words "referred to in paragraph

9. "



15. in section 10, paragraph 1. 8, the word ' March ' is replaced by the word "may".



16. in paragraph 11 (1) 1, after the word "Fund" is added to the word "late".



17. in article 11 paragraph 2 reads as follows:



"(2) if in the first year of the plan or the outline, the applicant has not submitted

the change request classification referred to in paragraph 1, the Fund in the first year of validity of the

the plan or the outline of changes concerning the plan or outline shall be disregarded.

Any obligation to return the subsidy, or a part thereof is not affected. "



18. in section 11 paragraph 5 and 6 are added:



"(5) the applicant shall submit an application for a change to the Fund pursuant to § 10 para. 8

the latest in the year following the year of the receipt of the results of the checks in

the case that was on the stand in the place of a group of non-compliance

the boundaries of the stand of the group to be included under section 3, paragraph 3. 5, and this

non-compliance



and on the border of the vegetation) consists of a group of belt wider than 3 meters, or



(b)), the vegetation surround the difference area classified group and desktop stand

the group identified by checking the location is greater than 100 m2 for each sub

the difference of the desktop.



(6) the Fund shall decide on decommissioning, the vegetation of the subarrangements group pursuant to § 2 and

reimbursement to the desktop, put out the stand of the group, if the applicant

the absence of the inclusion of the change request for the reason referred to in paragraph 5, or

such non-compliance shall not be in any further requests for change, and that

for the duration of the plan or an outline. "



19. in article 11, the following paragraph 7 to 9 shall be added:



"(7) where the applicant is obliged to submit the change request classification

paragraphs 1 and 5, it shall submit the change request classification only in accordance with paragraph 1.



(8) the applicant in the request for a change referred to in paragraph 5 at the same time


taking into account the reduction of surface vegetation groups, which occurred after the execution

checks on the spot.



(9) the applicant submits a request for change Fund, stating the new

the vegetation type of the economic file, if the change is porostního type

the economic deck stand group file selected for the Sub-measure

pursuant to section 2 (a). and) made in accordance with the annex to this regulation and

view to maintaining or reaching favourable conservation status of the subject of protection in the

Natura 2000 areas or specially protected territory. This change must

be confirmed by professional forestry and an affirmative opinion

the locally competent authority for nature protection ".



20. Annex:



"Annex to the Decree-Law No. 29/2016 Sb.



The list of supported file types, the stand of the main

tree species typical for each supported the stand types of economic

files and the upper limit of obmýtí for the legal basis under section 2 (b). and)

I------------I------------I-----------------------------------I--------------I

Also, the vegetation and the code and the main type of wood and the upper and

(I) type I porostního I I borders

(I) type I and term time and

I------------I------------I-----------------------------------I--------------I

Even Burning and 2 and Abies alba, Abies grandis and 120 and

I------------I------------I-----------------------------------I--------------I

And Oak as well as 5 and oak, common oak, 140 and song

I I I, oak Quercus petraea pinnate, oak and I

I I I mud, oak, oak and others as well as

I------------I------------I-----------------------------------I--------------I

And Beech and beech forest 6, Norway Maple, Maple and 130 and

I I I the Sycamore, maple, field Maple and I

I I I jasanolistý, elm and maple trees, and other

I I I stub mountain, Elm, elm and I

I I I, Lipa, LIPA srdčitá I I

I I I, large-leaved lime tree silver I I

I------------I------------I-----------------------------------I--------------I

And others as well as 7 and European ash, American ash, even 100 and

And deciduous and even ash angustifolia, crane bird, I I

I I I Sorbus torminalis, Sorbus ARIA, butternut and I

I I I the Royal, black walnut, plane and even

I I I × Hispanica, Alnus glutinosa, Alnus (I)

I I I grey Alder (křestice) green, and even

I I I jíva willow, Salix alba, a Buckeye and I

I I I hippocastanum, chestnut edible I I

I------------I------------I-----------------------------------I--------------I

I Topolový I 8 I White Poplar, black poplar, poplar and 30 and

I I I I I a leaf

I------------I------------I-----------------------------------I--------------I

Even Low forest and 9 low forest (pařeziny) and 40 (I)

I (pařeziny) I I I I

I------------I------------I-----------------------------------I--------------I

".



Article II



Transitional provision



The procedure for applications for the provision of subsidy initiated pursuant to Decree-Law No.

29/2016 Coll., in the version in force before the date of entry into force of this

Regulation, and to this day finally completes the unfinished, according to

Government Regulation No. 29/2016 Coll., in the version in force prior to the date of acquisition

the effectiveness of this regulation, except the requirement referred to in § 5 para. 5

(a). (b)) Government Regulation No. 29/2016 Coll., in the version in force from the date of acquisition

the effectiveness of this regulation, which shall be applied first to the

applications for the granting of subsidies for 2018.



PART TWO



Change of government regulation on the determination of the conditions for the granting of subsidies for

conservation of economic forest file in the framework of Natura

2000 in the Woods



Article. (III)



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., regulation

Government no 369/2010 Coll., regulation of the Government No. 106/2009 Coll., regulation of the Government

No 448/2009 Coll., regulation of the Government No. 76/2013 Coll., regulation of the Government No.

400/2013 Coll., regulation of the Government No. 29/2014 Coll., regulation of the Government No. 308/2014

Coll., regulation of the Government No. 113/2015 Coll. and Decree-Law No. 29/2016 Coll.,

be amended as follows:



1. In article 3, paragraph 3. 5, the word "increase" is replaced by "change".



2. In section 4, paragraph 4. 3 (b). a) after the word "group" the words "as referred to

in the request for the inclusion of ".



3. In section 4, paragraph 4. 3 (b). (b)), the part of the sentence after the semicolon including the semicolon

repealed.



4. In section 4, paragraph 4. 3 at the end of subparagraph (c)) the comma is replaced by a dot and the

subparagraph (d)) shall be deleted.



5. In paragraph 5 (b). (c) "), the text of section 4, paragraph 4. 3 (b). (d)) "is replaced by the text" § 7a

paragraph. 10. "



6. In article 6 (1). 2, the words "on forest land" shall be deleted.



7. In article 7 (2). 4 at the end of the text of subparagraph (a)), and in words "

If the area will decide on the return of a subsidy granted to the desktop,

the original area was reduced ".



8. In article 7 (2). 4 (b). (b)), after the words "to this altered area"

the words "and in the event of a reduction of area will decide on reimbursement

provided to the desktop, which was the original surface is reduced ".



9. In paragraph 7 (2). 8, the word ' March ' is replaced by the word "may".



10. In Section 7a of the paragraph. 1, after the word "Fund" is added to the word "late".



11. in Section 7a, paragraph 2 reads as follows:



"(2) if in the first year of the plan or the outline, the applicant has not submitted

the change request classification referred to in paragraph 1, the Fund in the first year of validity of the

the plan or the outline of changes concerning the plan or outline shall be disregarded.

Any obligation to return the subsidy, or a part thereof is not affected. "



12. in Section 7a, paragraphs 5 and 6 are added:



"(5) the applicant shall submit an application for a change to the Fund pursuant to § 7 para. 8

the latest in the year following the year of the receipt of the results of the checks in

the case that was on the stand in the place of a group of non-compliance

the boundaries of the stand of the group to be included under section 3, paragraph 3. 4, and this

non-compliance



and on the border of the vegetation) consists of a group of belt wider than 3 meters, or



(b)), the vegetation surround the area selected group difference and desktop stand

the group identified by checking the location is greater than 100 m2 for each sub

the difference of the desktop.



(6) the Fund shall decide on decommissioning, the vegetation of the conservation group

the economic file, and return the subsidies to the desktop of the selected stand


the group, if the applicant fails to file a request for a change due to

referred to in paragraph 5, or such discrepancy into account in each of the other

the change request classification, and that during the term of a plan or an outline. ".



13. in Section 7a of paragraph 7 to 9 shall be added:



"(7) where the applicant is obliged to submit the change request classification

paragraphs 1 and 5, the applicant submits a request for change only according to the

of paragraph 1.



(8) the applicant in the request for a change referred to in paragraph 5 at the same time

taking into account the reduction of surface vegetation groups, which occurred after the execution

checks on the spot.



(9) the applicant submits a request for change Fund, stating the new

the vegetation type of the economic file, if the change is porostního type

the selected deck selected marketing file group performed the vegetation

in accordance with the annex to this regulation, and with a view to maintaining or

the achievement of favourable conservation status of the subject of protection in Natura 2000 sites.

This change must be confirmed by professional forestry and an affirmative

the opinion of the competent authority for nature protection ".



Article IV



Transitional provision



The procedure for applications for the provision of subsidy initiated pursuant to Decree-Law No.

147/2008 Coll., in the version in force before the date of entry into force of this

Regulation, and to this day finally completes the unfinished, according to

Government Regulation No. 144/2008 Coll., in the version in force prior to the date of acquisition

the effectiveness of this regulation.



PART THREE



Change of government regulation on the determination of the conditions for the granting of subsidies for

forest-environment measures



Article. In



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., regulation of the Government No. 369/2010

Coll., regulation of the Government No. 108/2009 Coll., regulation of the Government No. 448/2012 Coll.

Government Regulation No. 75/2013 Coll., regulation of the Government No. 400/2013 Coll., regulation

No 29/2014 Coll., regulation of the Government No. 308/2014 Coll., regulation of the Government No.

113/2015 Coll. and Decree-Law No. 29/2016 Coll., is amended as follows:



1. In article 3, paragraph 3. 5, the word "increase" is replaced by "change".



2. In section 4, paragraph 4. 3, after the word "groups", the words "referred to in

the application for inclusion ".



3. In section 6 (1). 3, the words "on forest land ^ 3) ' shall be deleted.



4. In article 7 (2). 4 at the end of the text of subparagraph (a)), and in words "

If the area will decide on the return of a subsidy granted to the desktop,

the original area was reduced ".



5. In article 7 (2). 4 (b). (b)), after the words "to this altered area"

the words "and in the event of a reduction of area will decide on reimbursement

provided to the desktop, which was the original surface is reduced ".



6. In article 7 (2). 8, the word ' March ' is replaced by the word "may".



7. In § 8 para. 4, after the word "Fund" is added to the word "late".



8. In section 8 paragraph 7 to 9 are added:



"(7) the applicant shall submit an application for a change to the Fund pursuant to § 7 para. 8

the latest in the year following the year of the receipt of the results of the checks in

the case that was on the stand in the place of a group of non-compliance

the boundaries of the stand of the group to be included under section 3, paragraph 3. 4, and this

non-compliance



and on the border of the vegetation) consists of a group of belt wider than 3 meters, or



b) surround the difference areas, the vegetation of the Group and the stand area

the group identified by checking the location is greater than 100 m2 for each sub

the difference of the desktop.



(8) the Fund shall decide on the disposal of the group arising from the stand improvement

species composition and reimbursement to the desktop of the selected vegetation groups,

If the applicant fails to file a request for a change for the reason given in the

paragraph 7 or such discrepancy into account in any further requests for

a change, for the duration of the plan or the outline.



(9) If, in the first year of the plan or the outline, the applicant has not submitted

the change request classification referred to in paragraph 4, the Fund in the first year of validity of the

the plan or the outline of changes concerning the plan or outline shall be disregarded.

Any obligation to return the subsidy, or a part thereof is not affected. "



9. In paragraph 8, the following paragraphs 10 and 11 shall be added:



"(10) the applicant in the request for a change referred to in paragraph 7, at the same time

taking into account the reduction of surface vegetation groups, which occurred after the execution

checks on the spot.



(11) If the applicant is obliged to submit the change request classification

paragraphs 1 and 7, the applicant submits a request for change only according to the

paragraph 1. ".



Čl.VI



Transitional provision



The procedure for applications for the provision of subsidy initiated pursuant to Decree-Law No.

53/2009 Coll., in the version in force before the date of entry into force of this

Regulation, and to this day finally completes the unfinished, according to

Government Regulation No. 53/2009 Coll., in the version in force prior to the date of acquisition

the effectiveness of this regulation.



PART FOUR



Article. (VII)



The effectiveness of the



This Regulation shall enter into force on 1 January 2000. March 2017, with the exception of

the provisions of article. I, point 3, in terms of § 5 para. 5 (b). (b)), which takes

from 1 January 2000. June 2017.



Prime Minister:



Mgr. Sobotka in r.



Minister of agriculture:



Ing. Abdoul in r.