47/2017 Sb.



GOVERNMENT REGULATION



of 15 November 2004. February 2017,



amending Government Decree No. 75/2015 Coll., on conditions for the implementation of the

Agri-environment-climate measures and amending Decree-Law No.

79/2007 Coll., on conditions for the implementation of agri-environmental measures, in

as amended, as amended, and regulation

No 79/2007 Coll., on conditions for the implementation of agri-environment

the 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. 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. 128/2003 Coll., 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 implementation of the

Agri-environment-climate measures



Article. (I)



Government Regulation No. 75/2015 Coll., on conditions for the implementation of the

Agri-environment-climate measures and amending Decree-Law No.

79/2007 Coll., on conditions for the implementation of agri-environmental measures, in

as amended, as amended by Government Decree No. 113/2015 Sb.

Government Regulation No. 63/2016 Coll. and Decree-Law No 236/2016 Coll., is amended

as follows:



1. In paragraph 6 of paragraph 1 reads:



"(1) if the applicant intends to during the duration of the commitment to change the classification

titles within the legal basis under section 2 (b). (d)), you may do so only



and) by way of mesophilic and hygrophilous meadows hnojené according to § 2 (b). (d))

point 2 of the title and hygrophilous with mesophilic meadows pursuant to section 2 (a).

(d)), point 3,



(b)) by way of the mountain and free – xerophilous grasslands hnojené according to § 2 (b). d) point 4

the title of mountain and free – xerophilous grasslands with under section 2 (b). (d))

5, or



(c)) in respect of general care for extensive grassland under section 2 (b).

(d)) 1 point into one of the titles referred to in section 2 (a). d) points 2 to 10, in

If it is on the part of the soil block opened a new specially protected

the territory of ^ 13), a protection zone of the National Park ^ 14) or the area of the Natura

2000 ^ 15);



the applicant in this case, the Fund delivered by 15. may

calendar year of the request for a change, or the request for the inclusion of

According to § 3; in the case of a procedure under subparagraph (c)), the applicant shall indicate in the request for

a change, or of the application for inclusion under paragraph 3 that it is a

change the title of the reason referred to in point (c)). ".



2. In section 6 paragraph 3 reads:



"(3) the request referred to in paragraph 1 may be made only in the case of the definition of the

part of the soil block as a nesting site, corncrake, waterlogged

or peat meadows, valuable Habitat of meadow communities, or as a

Habitat historically valuable interiers pursuant to section 1 of Decree-Law No 307/2014 Coll.

determination of the details records of land use based on user relations,

as amended, (hereinafter referred to as "valuable habitats"). ".



3. In article 7 (2). 6 is the text "section 2 (a). (b)), d), or (f)) "is replaced by the text" section

2 (a). b), c), (d) or (f))) ".



4. in § 9 para. 2 at the end of subparagraph (f)), the words "the determination of the

some of the conditions for granting direct payments to farmers and amending

some related government regulations, as amended. ".



5. § 12 para. 5 (b). I), the words "and a copy of the certificate of completion

training shall within 30. September of the calendar year of the Fund "shall be deleted.



6. § 12 para. 7 the introductory part, the words ' the provisions of the part of the soil block

led by "shall be replaced by" production area "part of the soil block maintained by the

and the word "which" shall be replaced by the word "that".



7. § 12 para. 7 (b). (b)) the final part of the provisions read as follows:



"in the case of the cultivation of several groups of species mentioned in paragraphs 1 to 3 to 1

part of the soil block holds the applicant of a given density for each of

These groups of species, with the applicant in the application for a grant shall be in

each part of the soil block production area in nuts,

peckoviny or berries including appropriate assessments, for which he requests

grant. ".



8. In paragraph 12, at the end of paragraph 8, the words "or other

fruit trees and fruit bushes, with total acreage of all component

production areas in the context of the orchard is the same as with acreage

the corresponding area of the relevant part of the soil block logged in

the registration of land use to the applicant ".



9. in section 12, the following paragraph 9 is added:



"(9) included in the application for the grant is the plot of the relevant parts of the soil blocks

or production areas, which the applicant stated in the request, in the map parts

soil blocks in the scale 1:10 000 or more detailed ".



10. In § 13 para. 5 (b). (c)) (2) the word ' substances ' is replaced by

"plant protection products".



11. In § 13 para. 5 (b). I), the words "and a copy of the certificate of completion

training shall within 30. September of the calendar year of the Fund "shall be deleted.



12. In § 13 para. 6 (a). a) to (d)) and in section 13 paragraph 1. 7 (b). a) to (d)), g) and

(h)), the word ' substances ' is replaced by ' plant protection products '.



13. in § 13 para. 6 (a). (f)), and g), the words "excipient" are replaced by

the words "auxiliary means for protection of plants".



14. in § 13 para. 7 (b). (f)) and in § 13 para. 7 (b). I), the words "downy

Gray "is replaced by" grey rot "and the word" substances "are replaced by the words

"plant protection products".



15. in article 15, paragraph 2. 6 (c)):



"(c)) shall ensure by a person technically qualified certificate

for accreditation pursuant to section 16 of the Act on technical requirements for products,

before sowing or planting of a supported type of vegetables on the part

soil block soil sampling and analysis in order to determine the content of the

mineral nitrogen, ".



16. in article 15, paragraph 2. 7 (c)):



"(c)) shall ensure by a person technically qualified certificate

for accreditation pursuant to section 16 of the Act on technical requirements for products,

before each planting vegetables in part supported by the kind of the soil block

soil sampling and analysis in order to determine the content of mineral

nitrogen ".



17. in article 15, paragraph 2. 8 (c)):



"(c)) shall ensure by a person technically qualified certificate

for accreditation pursuant to section 16 of the Act on technical requirements for products,

before each planting of Strawberry on the part of the soil block soil sampling


and its analysis in order to determine the content of mineral nitrogen, ".



18. in § 17 paragraph 2 reads as follows:



"(2) the applicant throughout the period of inclusion in the title of § 2 (b). (d)) 1

up to 5 and 7 to 10 shall comply with every day control period the intensity

livestock listed in annex 13 to this regulation.

not exceeding 1.15 livestock units per 1 hectare ranked in the year of

the application for subsidy to title according to



section 2 (b)). d) points 1 to 5 and 7 to 10,



(b)) § 2 (b). c) section 1 of Decree-Law No. 79/2007 Coll., or



(c) paragraph 2 (b)). e) points 1 to 6, from the second year of duration of the commitment referred to in

§ 3 para. 3. ".



19. in section 17(2). 6 (b)):



"(b)), with the exception of pasture as well as confined animals registered in the economy

or the stable recorded on the holding of the applicant, which shall state in the request

on the granting of subsidies, and the acreage of agricultural land held in register usage

the soil and put out in year of application for a grant to the title in accordance with



1. section 2 (a). d) points 1 to 5 and 7 to 10,



2. section 2 (a). c) section 1 of Decree-Law No. 79/2007 Coll., or



3. section 2 (a). e) points 1 to 6, from the second year of duration of the commitment referred to in

§ 3 para. 3



in the case of computation for the purposes of the conditions set out in paragraph 2, ".



20. in section 18 para. 1 introductory part of the provisions, the words "the determination of the

some of the conditions for granting direct payments to farmers and amending

some related government regulations, ' shall be deleted.



21. in section 18 para. 1 (b). (d)), the following text "15. August "the words" or

15. September, if it is a part of the soil block in accordance with § 19 para. 3

(a). and 4 or §) of point 7 of paragraph 1. 4 (b). and) point 4, or 3. October,

If it is a part of the soil block in accordance with § 19 para. 5 (b). and section 3)

or § 19 para. 6 (a). and section 3).



22. in section 18 para. 4 (b). (c)), the word "ask" is replaced by "urges".



23. in section 19 para. 5 (b). (d)), for the words "year of duration of the commitment"

the words "and at the same time applies manure or compost more than once for the period

the duration of the undertaking ".



24. in section 19 para. 7 (b). and the introductory part of the provision), the words "in subparagraph (a)

(f)) "shall be replaced by" in subparagraph (e)) ".



25. in section 19 para. 8 letter a) is added:



") performs the removal of biomass (CET), along with one of the following

terms, that is, for a given part of the soil block determined locally by the competent

authority for nature conservation in the records of the use of land, only



1. to 10. June of the calendar year,



2. to 10. June of the calendar year and at the same time from the 1. September to

30 September of the calendar year; in the case of the definition in the register

the use of land can be used to replace other CET grazing, or



3. from 1. September to 30. September of the calendar year;



laid down in the records of the use of land between

years duration of the commitment to change, ".



26. in section 19 para. 9 (a). (h)), the word "and" is replaced by a comma.



27. in paragraph 19, the dot at the end of paragraph 9 shall be replaced by "and" and the following

the letter j) is added:



"(j)) does not perform the vegetables pasených animals; for vegetables, for the purposes of this

the regulation does not consider the administration of mineral licks and power. ".



28. in section 19 para. 11 (a). and) point 1 shall read:



"1. the agricultural management in accordance with § 7 paragraph 1. 2 (a). (c)) and section 7 of the

paragraph. 3 of Decree-Law No. 50/2015 Coll. under the conditions referred to in points (a)

(c)), and (e)), or until 31 December 2006. August, if it is a part of the soil block

at least 50% are located in the area according to § 2 (2). 1 (b). and point 1)

Government Regulation No. 72/2015 Coll., on conditions for the provision of payments for

areas with natural or other specific constraints, as

amended, and ".



29. in section 19 para. 11 (a). (f)), after the word "animals" the words ", with the

the exception of the implementation of supplementary feed based on the favourable opinion of the locally

the competent authority for nature protection, and only in the period from 1. April to

31 May of the calendar year ".



30. In § 22a para. 5 (b). and at the end of the text), point 3, the words

"part of the soil block".



31. in paragraph 23 of the text at the end of paragraphs 2 and 3 the following text "or (c))".



32. In § 25 para. 4 (b). (e)), after the word "seed" the words "or

evidence of implementation of service "and the text" § 22a para. 5 (b). a) and b) "

the words "issued on the name of the applicant".



33. In § 26 para. 1 at the end of subparagraph (b)) the following the word "or".



34. In section 26 para. 1 (b). (c)), point 1, the word "or" is deleted.



35. In section 26 para. 1 at the end of subparagraph (c)) the following paragraph 3 is added:



"3. failure to comply with the conditions referred to in section 18 para. 1 (b). (c)), if this is

to keep a continuous surface with nepokosené larger than 1 hectare and

at the same time, the reduction of 1.1 hectares including applies only to desktop

permanent grassland eligible to provide subsidies in the title

pursuant to section 2 (a). d) points 1 to 5. ".



36. In § 26 para. 1, point (d)) shall be deleted.



37. In section 26 paragraph 2 reads as follows:



"(2) Subsidies in the calendar year under the title of § 2,

calculated in accordance with section 23, shall be reduced by 3%, if the Fund finds the applicant when

the application of the subarrangements integrated production vine



failure to comply with the terms of and) referred to in § 13 para. 6 (a). f) or (g)), the reduction of

shall apply to the part of the soil block on which the non-compliance was found

or



(b) failure to meet the conditions referred to in) § 13 para. 7 (b). g), (h) or (i)));

If the applicant has carried out 1 application, the reduction shall apply to the part of the soil block

on which the non-compliance found. ".



38. In section 27 para. 1 c) and (d)):



"(c)), submeasure grassland care



1. failure to comply with the conditions set out in § 17 paragraph 2. 1 and at the same time the Fund established

livestock farming intensity was twice in the control period

greater than or equal to 0.2, while lower than 0.3 livestock unit on

1 hectare of permanent grassland managed by the applicant, and

kept in the records of the use of land,



2. failure to comply with the conditions set out in § 17 paragraph 2. 2, while the Fund established

the intensity of the livestock was once in control period

higher than 1.15, and at the same time lower or equal to 1.3 livestock unit on

1 hectare classified in the year of application for a grant under section 2 title

(a). d) points 1 to 5 and 7 to 10, to the title in accordance with § 2 (b). (c)), point 1

Government Regulation No. 79/2007 Coll., where appropriate, to the title in accordance with § 2 (b). (e))

points 1 to 6, from the second year of the commitment in accordance with § 3 (1). 3 and

managed by the applicant, and kept in the records of the use of land,



3. failure to comply with the conditions set out in § 17 paragraph 2. 3 and at the same time the Fund established


livestock farming intensity was twice in the control period

higher than 1.5 and at the same time lower or equal to 1.8 livestock unit on

1 hectare of agricultural land farmed by the applicant and kept in the register

land use,



4. failure to comply with the conditions referred to in section 18 para. 1 (b). (c)), if it is a

leave contiguous nepokosené area with an area greater than 1.1 hectares

the reduction applies only to the area of permanent grassland

eligible to provide subsidies to the title in accordance with § 2 (b). d) points 1 to

5, or



(d) the legal basis of grass growing railways) convergent outflow failure

the conditions referred to in § 22a para. 5 (b). f) point 2 or § 22a para. 6

(a). (c)), paragraph 2, in the case of failure to comply with in the range of greater than 3% and less

or equal to 25% of the total acreage of grass areas, classified in this

submeasure. ".



39. In section 27 para. 1, point (e)) repealed.



40. In section 27 para. 2 (a). c) point 3, the words "or in" is replaced by

and after the text "paragraph. 8 (a). (f)) "shall be added the words" or in section 19 para. 9

(a). (j)) ".



41. In section 27 para. 2 (a). (c) point 5) the word "or" is deleted.



42. In section 27 of the dot at the end of paragraph 2 shall be replaced by "or", and

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



"e) of the legal basis of grass growing arable land in non-compliance with the conditions referred to in

section 20 (2). 7 (b). e) point 2 or in article 20 (2). 8 (a). (c)), paragraph 2,

in the case of failure to comply with in the range of greater than 3% and less than or equal to 25% of the

the overall acreage of grass areas, inserted in the appropriate title according to

section 2 (a). e) points 1 to 6. ".



43. In § 28 para. 1 (b). d) point 2 is added:



"2. the failure to comply with the conditions set out in § 17 paragraph 2. 2, while the Fund established

livestock farming intensity was twice in the control period

higher than 1.15, and at the same time lower or equal to 1.3 livestock unit on

1 hectare classified in the year of application for a grant under section 2 title

(a). d) points 1 to 5 and 7 to 10, to the title in accordance with § 2 (b). (c)), point 1

Government Regulation No. 79/2007 Coll., where appropriate, to the title in accordance with § 2 (b). (e))

points 1 to 6, from the second year of the commitment in accordance with § 3 (1). 0 (B)

managed by the applicant, and kept in the records of the use of land, ".



44. In § 28 para. 1 letter f) is added:



"(f)), submeasure grass growing railways concentrated runoff



1. failure to comply with the conditions set out in § 22a para. 5 (b). (c)), in the case of

the first non-compliance during the duration of the relevant obligations, or



2. failure to comply with the conditions set out in § 22a para. 6 (a). (d)), the reduction shall

apply to the part of the soil block on which was failure to comply with the conditions

found. ".



45. In section 28 para. 2 (c)):



"(c) the legal basis of grass growing arable land)



1. failure to comply with the conditions referred to in section 20 (2). 7 (b). (b)), in the case of

the first non-compliance during the duration of the relevant obligations, or



2. non-compliance with the conditions referred to in section 20 (2). 8 (a). (d)), the reduction shall

apply to the part of the soil block on which was failure to comply with the conditions

found, or ".



46. In section 29 para. 1 (b). (b)) item 1:



' 1. failure to comply with the conditions set out in § 17 paragraph 2. 2, while the Fund established

livestock farming intensity was three times in the control period

higher than 1.15, and at the same time lower or equal to 1.3 livestock unit on

1 hectare classified in the year of application for a grant under section 2 title

(a). d) points 1 to 5 and 7 to 10, to the title in accordance with § 2 (b). (c)), point 1

Government Regulation No. 79/2007 Coll., where appropriate, to the title in accordance with § 2 (b). (e))

points 1 to 6, from the second year of the commitment and of Fund by the applicant

and kept in the records of the use of land, ".



47. In section 29 para. 1, point (c)) shall be deleted.



Subparagraph (d)), and (e)) shall become points (c) and (d)).)



48. In paragraph 29, the dot at the end of paragraph 2 shall be replaced by "or", and

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



"e) of the legal basis of grass growing arable land in non-compliance with the conditions referred to in

section 20 (2). 7 (b). e) point 2 or in article 20 (2). 8 (a). (c)), paragraph 2,

in the case of non-compliance to the extent of more than 25% of the total acreage of green sites

the areas included in the appropriate title according to section 2 (a). e) points 1 to

6. ".



49. In section 30 paragraph 2. 1 (b). e) points 3 and 4 are added:



"3. failure to comply with the conditions set out in § 17 paragraph 2. 2, while the Fund established

livestock farming intensity was four or more times in the

the inspection period is higher than 1.15, and at the same time lower or equal to 1.3 large

livestock units per 1 hectare, classified in the year of application for a grant to the

title pursuant to section 2 (a). d) points 1 to 5 and 7 to 10, to the title in accordance with § 2

(a). c) section 1 of Decree-Law No. 79/2007 Coll., or title

pursuant to section 2 (a). e) points 1 to 6, from the second year of the undertaking and

managed by the applicant, and kept in the records of the use of land,



4. failure to comply with the conditions set out in § 17 paragraph 2. 2, while the Fund established

livestock farming intensity was higher than 1.3 livestock

units on 1 hectare classified in the year of application for a grant to the title

pursuant to section 2 (a). d) points 1 to 5 and 7 to 10, or in the title of § 2

(a). c) section 1 of Decree-Law No. 79/2007 Coll., or title

pursuant to section 2 (a). e) points 1 to 6, from the second year of the undertaking and

managed by the applicant, and kept in the records of the use of land, ".



50. in annex No. 10 table "and Registration Card piece. soil block in the

submeasure integrated production of vegetables and strawberry "in

explanatory notes *) text "paragraph. 9 "shall be replaced with" paragraph 1. 6. "



Article II



Transitional provisions



1. when a reduction in subsidies for the year 2016 for failure to comply with the conditions specified in §

18 paragraph 1. 1 (b). (c)), section 20 (2). 7 (b). e) point 2 or in article 20 (2). 8

(a). c) point 2 of Decree-Law No 75/2015 Coll., in the version in force prior to the

date of entry into force of this regulation, shall be treated in accordance with regulation

No 75/2015 Coll., in the version in force from the date of entry into force of this

of the regulation.



2. With the exception of item 1, the processing of requests initiated prior to the date of acquisition

the effectiveness of this regulation and to this day finally completes the unfinished

and the rights and obligations associated therewith shall be assessed in accordance with regulation

No 75/2015 Coll., in the version in force before the date of entry into force of

of this regulation.



PART TWO



Change of government regulation on the conditions for the implementation of agri-environment

measures



Article. (III)



In § 5 para. 5 Government Regulation No. 79/2007 Coll., on conditions for the implementation of the

Agri-environment measures, as amended by Government Decree No. 45/2009 Coll.,

Government Decree No. 78/2010 Coll., regulation of the Government No. 282/2010 Coll., regulation


No 298/2013 Coll. and Decree-Law No. 29/2014 Sb, point (d))

repealed.



Subparagraph (e))) to (i) shall become points (d) to (h)).)



Article IV



Transitional provision



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

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

Government Regulation No. 79/2007 Coll., in the version in force prior to the date of acquisition

the effectiveness of this regulation.



PART THREE



The EFFECTIVENESS of the



Article. In



This Regulation shall enter into force on 1 January 2000. March 2017.



Prime Minister:



Mgr. Sobotka in r.



Minister of agriculture:



Ing. Abdoul in r.