Procedures for Granting of Direct Payments to Farmers

Issued pursuant to
Section 5, Paragraph four of the Law On Agriculture and Rural Development

1. General Provisions

1. This Regulation prescribes the procedures by which national and European Union aid is granted to agriculture within the framework of direct support schemes in accordance with Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (hereinafter - Regulation No 1307/2013), and Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (hereinafter - Regulation No 1306/2013).

2. A farmer may receive the following European Union direct payments:

2.1. a single area payment;

2.2. payment for an agricultural practice beneficial for the climate and the environment;

2.3. payment for young farmers;

2.4. voluntary coupled support for dairy cows;

2.5. voluntary coupled support for goats;

2.6. voluntary coupled support for bovine animals;

2.7. voluntary coupled support for sheep;

2.8. voluntary coupled support for protein crops;

2.9. voluntary coupled support for starch potatoes;

2.10. voluntary coupled support for certified seed potatoes;

2.11. voluntary coupled support for certified seed of grasses and fodder crops;

2.12. voluntary coupled support for certified cereal seeds;

2.13. voluntary coupled support for barley;

2.14. voluntary coupled support for spring rape;

2.15. voluntary coupled support for vegetables;

2.16. voluntary coupled support for fruits and berries;

2.17. payment under the small farmers scheme.

3. In 2015 and 2016 the farmer may receive the following transitional national aid payments:

3.1. transitional national aid for suckler cows;

3.2. transitional national aid for ewes;

3.3. decoupled transitional national aid for areas;

3.4. decoupled transitional national aid for arable crop areas;

3.5. decoupled transitional national aid for potato starch.

4. The cases specified in Article 2 (2) of Regulation No 1306/2013 shall be regarded as force majeure or exceptional circumstances.

[28 April 2015]

5. If force majeure or exceptional circumstances have set in, a farmer shall, within 15 working days starting from the day such opportunity arises, submit the following documents to the Rural Support Service in accordance with Article 4 (2) of Commission Delegated Regulation (EU) No 640/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance (hereinafter - Regulation No 640/2014):

5.1. a detailed description regarding the setting in of force majeure or exceptional circumstances;

5.2. documents attesting to force majeure or exceptional circumstances.

6. A decision to disburse an advance direct payment shall be taken by the Minister for Agriculture in accordance with Article 75 (1) of Regulation No 1306/2013.

7. The adjustment rate of financial discipline referred to in Article 8 of Regulation No 1307/2013 shall not be deducted from disbursed advance direct payments in accordance with the provisions laid down in Article 10 of Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance (hereinafter - Regulation No 809/2014).

8. The aid referred to in Paragraph 2 of this Regulation, whereon an application has been submitted by a person who performs the transfer of a holding, or a payment which has been claimed by a person who performs the transfer of a holding, shall be granted to a transferee, if within the time period from 16 June to 15 October of the current year the transferee informs the Rural Support Service regarding the transfer of the holding and claims the aid payment in accordance with Article 8 (3) (a) and (b) of Regulation No 809/2014. The transferee shall submit to the Rural Support Service a copy of the document certifying ownership or possession (right of use) rights, presenting the master document, and a certificate drawn up in written form, acknowledging the awareness and fulfilment of the conditions for the receipt of aid.

9. In case of a complete transfer of the holding and change of its owner or possessor (user), the aid referred to in Sub-paragraph 3.5 of this Regulation may be received by the transferee, in conformity with the conditions for receiving decoupled transitional national aid. The transferee shall append documents certifying ownership or possession (right of use) rights or copies thereof to the single application, presenting the master documents, and a certificate drawn up in written form on the right to receive decoupled transitional national aid. The certificate shall be signed by the person who takes over the holding and the person who performs the transfer of the holding.

[15 March 2016]

10. If the owner or lawful possessor (user) of the holding changes, the aid referred to in Sub-paragraph 3.3 or 3.4 of this Regulation may be received by the transferee who:

10.1. takes over the holding in part or completely and is the owner or lawful possessor (user) of the holding and agricultural land. In such case a certificate drawn up in written form on the right to receive decoupled transitional national aid in part or completely shall be appended to the single application. The certificate shall be signed by the person who takes over the holding and the person who performs the transfer of the holding;

10.2. purchases agricultural land and for a proper amount of hectares takes over the right to receive decoupled transitional national aid. In such case a certificate drawn up in written form on the right to receive decoupled transitional national aid in part or completely, as well as documents certifying ownership rights or their copies, presenting master documents, shall be appended to the single application. The certificate shall be signed by the person who takes over the holding and the person who performs the transfer of the holding.

[15 March 2016]

11. Upon performing the clearance of revenue assigned by the European Agricultural Guarantee Fund within the budget of the European Union, 20 per cent of the total amount of direct payments that has been recovered, taking into account the established irregularities, and the interest accumulated from the respective amount shall be retained in the State budget as flat rate recovery costs in accordance with Article 55 of Regulation No 1306/2013.

12. Overall 25 per cent of the amount which results from reducing the payment and without granting it in accordance with Article 99 of Regulation No 1306/2013, shall be retained within the State budget.

2. Integrated Administration and Control System

2.1. Single Application

13. The single application shall be submitted by a farmer to the Rural Support Service in accordance with Article 72 (4) of Regulation No 1306/2013 by 22 May of the current year by applying for the receipt of support referred to in Paragraph 2 and aid referred to in Sub-paragraphs 3.3, 3.4, and 3.5 of this Regulation. The single application on participation in the small farmers scheme shall be submitted by 15 June 2015. The content of the single application has been specified in Annex 1 to this Regulation.

[15 March 2016]

14. The farmer shall specify the information on separate land parcels in the single application in conformity with the type of land use in accordance with Annex 2 to this Regulation by indicating the code of crop which dominates in the specific field (exceeds 50 per cent) in respect of naturally sown crops.

[15 March 2016]

15. The farmer who has at his disposal 10 or more hectares of agricultural land, including agricultural land which has not been applied for direct payments, shall complete the single application and the map of field blocks in the electronic application system of the Rural Support Service in accordance with Article 11 of Regulation No 640/2014.

[15 March 2016]

15.¹ The farmer to whom Paragraph 15 of this Regulation does not apply, is entitled to submit the single application in printed form by 10 May by submitting a claim to the Rural Support Service regarding the issuance of the single application form and the map of field blocks. The registration number of the client of the Rural Support Service shall be specified in the claim. The Rural Support Service shall issue the single application form and the map of field blocks in printed form to the person who submitted the claim, starting from 25 April 2016 within three working days after the claim was submitted.

[15 March 2016]

16. The Rural Support Service shall ensure availability of the application form in the electronic application system in accordance with Article 72 (3) of Regulation No 1306/2013. The area of agricultural land determined in the previous year and the ecological focus area are specified in the forms starting from 2016.

17. The farmer may make amendments to the single application in accordance with Article 15 (2) of Regulation No 809/2014 by 15 June of the current year. After the abovementioned date the information submitted on changes in the data of the single application does not give the right to receive any of the direct payments referred to in Paragraph 2 of this Regulation, if the application for the receipt of the specific payment for the relevant area was not submitted by the deadline specified in Article 13 (1) of Regulation No 640/2014.

[15 March 2016]

2.2. Land Parcel Identification System

18. The farmer shall, by 1 May of the current year, submit to the Rural Support Service an application for the purpose of updating field blocks in relation to:

18.1. inclusion of such new agricultural parcels in the Field Register or updating of agricultural parcels included in the Field Register which since the first day of the current year conform to the conditions of Article 32 (2) and (4) of Regulation No 1307/2013;

18.2. inclusion or updating of ecological focus areas referred to in Sub-paragraphs 116.3 and 116.5 of this Regulation in the layer of ecological focus areas of the Field Register.

[28 April 2015; 15 March 2016]

19. In order to declare the entire agricultural land in the single application in accordance with Article 72 (1) (a) of Regulation No 1306/2013, the farmer shall submit to the Rural Support Service an application for the purpose of updating field blocks in relation to inclusion of agricultural land (including agricultural parcels with total area of less than 0.3 hectares) in the Field Register.

20. The Rural Support Service may reject the application for the purpose of updating field blocks, if changes therein apply to less than two per cent of the area of the field block.

21. In accordance with Article 72 (2) of Regulation No 1306/2013, the farmer need not declare an agricultural parcel with the total area of less than 0.1 hectares, if the parcel is not applied for the receipt of payments and if the total area of such land parcels does not exceed one hectare.

21.¹ The Rural Support Service shall provide information regarding organic farming fields approved in the previous year in the public map of the Field Register.

[15 March 2016]

2.3. Control System

22. The Rural Support Service shall perform an administrative check of the application submitted by an applicant for aid and on-the-spot checks, as well as shall document and maintain records of the performed checks in accordance with the conditions of Regulation No 809/2014.

23. The applicant for aid shall provide an opportunity for the Rural Support Service to perform an on-the-spot check and, upon request of the officials of the Rural Support Service, shall certify the conformity with the conditions for receipt of the aid referred to in Paragraphs 2 and 3 of this Regulation.

24. The applicant for aid is entitled to participate in the check that is being performed at the holding and to become acquainted with the results of the check.

25. If the applicant for aid does not take part in the check, the latter shall not influence the reduction of aid and imposition of administrative penalties referred to in Article 64 of Regulation No 1306/2013 in case if an irregularity of the conditions and obligations for granting aid has been established.

26. Based on the results obtained in administrative checks and checks performed at the holding, the Rural Support Service shall take a decision on the amount of aid or rejection of the application in accordance with the procedures laid down in Regulation No 1307/2013, Regulation No 1306/2013, Commission Delegated Regulation (EU) No 639/2014 of 11 March 2014 supplementing Regulation (EU) No 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and amending Annex X to that Regulation (hereinafter - Regulation No 639/2014), Regulation No 640/2014, Commission Implementing Regulation (EU) No 641/2014 of 16 June 2014 laying down rules for the application of Regulation (EU) No 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy (hereinafter - Regulation No 641/2014), Regulation No 809/2014, and this Regulation.

27. If the farmer, upon applying for the aid referred to in Paragraph 2 and Sub-paragraphs 3.1 and 3.2 of this Regulation, has provided false information or has violated the conditions for granting of aid, the latter shall not receive the payment for the relevant unit in the respective year, as well as shall reimburse the granted aid to the Rural Support Service, if such has been granted prior to establishing the irregularity.

28. If the Rural Support Service demands additional information regarding the submitted documents or in relation to conformity with the conditions for granting of aid, the farmer shall submit the relevant information in written form and, if necessary, shall append additional documents within 10 working days after receipt of the request. If the Rural Support Service does not receive the requested information, the aid shall not be granted or it shall be reduced by the unit of the payment in relation to which the demanded information was not received.

29. If the farmer prevents performance of an on-the-spot check, the relevant official shall indicate this in the control report and the application of the farmer shall be rejected in accordance with Article 59 (7) of Regulation No 1306/2013.

30. The farmer shall become acquainted with the control report and sign it, thereby certifying his or her presence at the check performed at the holding. The farmer has the right, upon signing the control report, to agree or disagree with the information provided in the control report.

31. The farmer is entitled to submit to the Rural Support Service explanations or clarified information regarding the control report within 10 working days after receipt of the control report.

31.¹ In accordance with Article 16 (1) of Regulation No 640/2013, if the difference between the overall area of agricultural land and the area declared in the application referred to in Paragraph 13 of this Regulation is:

31.¹ 1. more than three per cent, but does not exceed 30 per cent, the granted aid shall be reduced by one per cent;

31.¹ 2. more than 30 per cent, but does not exceed 50 per cent, the granted aid shall be reduced by two per cent;

31.¹ 3. more than 50 per cent, the granted aid shall be reduced by three per cent.

[27 October 2015]

3. Status of an Active Farmer (Applicable to Farmers Involved in Non-agricultural Activities)

32. The conditions for not granting direct payments to the persons referred to in Article 9 (2) of Regulation No 1307/2013 and in relation to evidence for conformity with the active farmer status shall be applied in accordance with Article 9 of Regulation No 1307/2013 and Chapter 1, Section 3 of Regulation No 639/2014.

32.¹ The conditions referred to in Article 9 of Regulation No 1307/2013 and Chapter 1, Section 3 of Regulation No 639/2014 shall apply to direct payment applicants who themselves or whose related parties comply with the requirements referred to in Paragraphs 34 and 35 of this Regulation.

[15 March 2016]

32.² The following shall be regarded as related parties:

32.² 1. two or several commercial companies or co-operative societies:

32.² 1.1. if the share of one commercial company or co-operative society in the other commercial company or co-operative society exceeds 50 per cent;

32.² 1.2. if more than 50 per cent from the share capital or debenture value in each of the respective commercial companies or co-operative societies belongs to the same person;

32.² 2. a commercial company or co-operative society and a natural person that own more than 50 per cent of the share capital of this commercial company or debenture value of a co-operative society.

[15 March 2016]

33. The condition of an active farmer shall not apply to a farmer who together with related parties received direct payments not exceeding EUR 5000 in the previous year in accordance with Article 9 (4) of Regulation No 1307/2013.

[15 March 2016]

34. In accordance with Article 9 (2) of Regulation No 1307/2013 persons who:

34.1. operate hydrotechnical structures, are persons registered in the Register of Public Water Management Service Providers;

34.2. operate airports, are managers of the civil aviation airfields registered in the database of the Civil Aviation Agency;

34.3. operate permanent sport grounds, are persons registered in the Register of Sport Bases of the Ministry of Education and Science;

34.4. operate permanent sport and recreational grounds, are persons to whom nature territories equipped for sport and recreation have been indicated as the type of land use in the cadastre of the State Land Service;

34.5. provide railway services, are persons registered in the National Register of Railway Infrastructure;

34.6. provide real estate services, are persons whose type of operations has been declared in the State Revenue Service, or one of the types of operations has been specified in the Register of Enterprises or LURSOFT database, conforming to class 68.31 or 68.32 of NACE Rev. 2 statistical classification of economic activities, in accordance with Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains (hereinafter - Regulation No 1893/2006), and persons who have been registered in the Register of Residential House Administrators in accordance with Section 18, Paragraphs one and two of the Law On Administration of Residential Houses.

[15 March 2016]

35. A person complies with the requirements referred to in Paragraph 34 of this Regulation, if the respective person or a related party has been registered in the respective register either on 1 April or 1 August of the current year.

[15 March 2016]

36. Paragraph 34 of this Regulation shall not be applied to educational institutions implementing an agricultural education programme.

37. In accordance with Article 9 (2) (3) (b) of Regulation No 1307/2013, an agricultural activity shall not be regarded insignificant, if the overall area of an agricultural land eligible for aid and applied for direct payments in the current year by an applicant for direct payments and related parties thereof is at least 60 hectares.

[15 March 2016]

38. The principal business of the applicant for direct payments and related parties thereof or the principal aim of the person is agricultural activity if the turnover from agricultural activity of the applicant for aid and related parties thereof forms at least one third of the total turnover thereof in accordance with Article 9 (2) (3) (c) of Regulation No 1307/2013.

[15 March 2016]

39. The turnover from agricultural activity referred to in Paragraph 38 of this Regulation shall be:

39.1. net turnover related to agricultural activity in the holding within the meaning of Article 4 (1) (c) of Regulation No 1307/2013;

39.2. net turnover related to processing of agricultural products in ownership, as well as purchased products, referred to in Article 4 (1) (d) of Regulation No 1307/2013, if processing of such products results in another agricultural product referred to in Article 4 (1) (d) of Regulation No 1307/2013;

39.3. aid received by a person from the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) in accordance with Articles 17 and 18, Article 19 (1) (a) (i) and (iii), Articles 27, 28, 29, 31, and 37 of Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (hereinafter - Regulation No 1305/2013), as well as any other national aid granted for agricultural activities.

[15 March 2016]

40. [15 March 2016]

41. [15 March 2016]

42. In order to identify persons who are not eligible for receiving the aid referred to in Paragraph 2 of this Regulation in accordance with Article 9 (2) of Regulation No 1307/2013, the Rural Support Service shall verify the information included in the registers referred to in Paragraph 34 of this Regulation.

43. The Rural Support Service shall, in accordance with Article 12 of Regulation No 639/2014, prepare information required to complete the evidence declaration for the status of an active farmer, and shall, by 15 September of the current year, send it to the person together with a request for the submission of evidence.

[15 March 2016]

44. The farmer shall, upon request of the Rural Support Service by 15 October of the current year, submit the declaration containing evidence on the status of an active farmer referred to in Article 9 (2) of Regulation No 1307/2013 (Annex 3). Parts of the declaration shall attest the following accordingly:

44.1. Part I - conformity with the criterion specified in Article 9 (2) (3) (a) of Regulation No 1307/2013;

44.2. Part II - conformity with the criterion specified in Article 9 (2) (3) (c) of Regulation No 1307/2013;

44.3. [15 March 2016].

[15 March 2016]

44.¹ Upon submitting the declaration referred to in Paragraph 44 of this Regulation, information on the applicant for aid and related parties thereof shall be included therein.

[15 March 2016]

45. If the information at the disposal of the Rural Support Service is not sufficient to evaluate the conformity of the declaration referred to in Paragraph 44 of this Regulation with the conditions of this Chapter, the Service is entitled to request from the person a report of a sworn auditor which attests veracity of the information provided in the declaration.

[15 March 2016]

46. In order to verify the information referred to in Paragraph 44 of this Regulation, the farmer shall provide the Rural Support Service with access to the accounting records.

47. The person who submits the declaration referred to in Paragraph 44 of this Regulation, shall, while organising the accounting, ensure separate accounting in accordance with Article 11 (1) of Regulation No 639/2014 in relation to the following matters:

47.1. net turnover of agricultural activities, the applied value added tax and excise duty;

47.2. net turnover of non-agricultural activities, the applied value added tax, excise duty and the received national and European Union aid.

48. Revenue are formed by net turnover, value added tax, excise duty and the received national and European Union aid in accordance with Article 11 of Regulation No 639/2014.

48.¹ The revenue obtained from agricultural activities shall include the aid granted in accordance with Articles 17 and 18, Article 19 (1) (a) (i) and (iii), as well as Articles 27, 28, 29, 31, and 37 of Regulation No 1305/2013.

[15 March 2016]

4. Reduction of Payment

49. Reduction of a payment in the amount of five per cent for the part of the amount exceeding 150,000 euro shall be applied to the amount of a single area payment to be granted to a farmer in the respective calendar year in accordance with Article 11 (1) of Regulation No 1307/2013.

50. Prior to the application of the reduction referred to in Article 11 (1) of Regulation No 1307/2013, the Rural Support Service shall, upon request of the farmer, subtract the salary related to agricultural activities that has been paid out in the previous calendar year, as well as the salary taxes, mandatory payments of State social insurance, and entrepreneurship risk State duty from the amount of the single area payment.

51. If the obligations of the employee are related both to agricultural and non-agricultural activities, the relief to be applied to the salary shall be calculated in proportion to the amount of salary per each type of activities.

52. In order to apply the reductions referred to in Paragraph 50 of this Regulation, the farmer shall by 1 October of the current year submit a declaration to the Rural Support Service regarding salaries related to agricultural activities disbursed in the previous year (Annex 4). The farmer shall ensure access to the accounting data for verification of the data included in the declaration.

53. A person who submits the declaration referred to in Paragraph 52 of this Regulation, upon organising the accounting, shall ensure separate accounting of the working hours of employees in relation to the types of agricultural activities, information on the calculation of salaries, including the applied salary rate, and the actually disbursed salary in the previous calendar year, as well as the salary taxes, mandatory payments of State social insurance, and entrepreneurship risk State duty.

5. Prevention of Circumvention in Respect of Conditions for Receiving Aid

54. If the Rural Support Service establishes that an applicant for direct payments has, contrary to the objectives of aid, artificially created circumstances for obtaining advantages provided for in the conditions or to disregard the conditions for granting aid, the Rural Support Service shall not grant advantages to the applicant of direct payments or shall recover the unjustified payments in accordance with Article 60 of Regulation No 1306/2013.

55. The Rural Support Service shall evaluate the information submitted by the applicants for direct payments and the data at the disposal of the Service in order to establish cases when circumstances for circumvention of the conditions for granting aid or obtaining of advantages have been artificially created in accordance with Article 60 of Regulation No 1306/2103, particularly paying attention to the cases of the scission of holdings as a result of which ownership of the created holdings does not change, and cases of a farmer purchasing or renting arable land on which an ecological focus area is situated and which is not geographically linked with the area of agricultural land formerly at the disposal of the applicant for direct payments.

56. If indications of artificially created circumstances or a risk of circumvention of conditions for granting aid or creation of unjustified advantages have been established in accordance with Article 60 of Regulation No 1306/2013, the farmer shall, within 10 working days after receiving a request from the Rural Support Service, submit evidence with certification that these circumstances have not been created artificially.

6. Minimum Conditions for Receiving Aid

57. Direct payments for areas shall be granted to a farmer for the following agricultural land:

57.1. land in the ownership or legal possession (use) of the farmer on 15 June of the current year;

57.2. if the overall area of eligible agricultural land of the holding applied for aid is at least one hectare in accordance with Article 10 (1) (b) of Regulation No 1307/2013.

58. The minimum size of agricultural parcel, whereof an application may be submitted in accordance with Article 72 (1) of Regulation No 1306/2013, shall be 0.3 hectares.

59. In accordance with Article 67 (4) (a) of Regulation No 1306/2013, an agricultural parcel shall mean a continuous area of agricultural land:

59.1. occupied by permanent grassland or grassland sown in arable land, conforming to the requirements referred to in Article 36 (2) of Regulation No 1307/2013, and that as of 2016 has been declared by one farmer, applying for a payment under the small farmers scheme;

59.2. occupied by permanent crops or arable land, except grassland sown in arable land, and area occupied by hemp, conforming to the requirements referred to in Article 36 (2) of Regulation No 1307/2013, and that as of 2016 has been declared by one farmer, applying for a payment under the small farmers scheme;

59.3. occupied by agricultural plant species of vegetables for which voluntary coupled support is to be granted in accordance with Sub-paragraph 2.15 of this Regulation, if each species occupies less than 0.3 hectares and the overall arable land of the holding is less than 10 hectares;

59.4. occupied by fruit trees and agricultural plant species of berries (except strawberries) for which voluntary coupled support is to be granted in accordance with Sub-paragraph 2.16 of this Regulation, if each species occupies less than 0.3 hectares;

59.5. that has been applied by one farmer and that is occupied by not more than one crop or there is not more than one type of use of the land in accordance with Annex 2 to this Regulation. The respective condition shall also apply to hemp area that has been declared by one farmer in 2016 by applying for a payment under the small farmers scheme.

[28 April 2015]

60. Upon request of the Rural Support Service, the farmer shall properly certify that the area of agricultural land applied for aid on 15 June of the current year is in the legal possession (use) thereof, unless the latter is certified with an entry in the Land Register.

61. The farmer who has an area of agricultural land in the ownership or legal possession (use) thereof which is smaller than one hectare, shall not receive the aid referred to in Sub-paragraphs 2.4, 2.5, 2.6, and 2.7 of this Regulation in accordance with Article 10 (3) of Regulation No 1307/2013, if the total amount of direct payments to be granted is less than 100 euro.

[15 March 2016]

7. Criteria for Determining Agricultural Land Eligible for Aid

62. Aid for areas in the form of direct payments shall not be granted for agricultural land, if:

62.1. there are more than 50 separately growing trees per one hectare;

62.2. there are plants of the invasive hogweed genus with flowering stems;

62.3. there are bulrushes or there is wetland that within the time period from 15 May to 15 September is covered by water for a time period exceeding four weeks in a row;

62.4. it is used for non-agricultural activities, in particular for road building, placement of tents, parking area for vehicles and equipment, for organisation of exhibitions, fairs, sports activities, recreation and other public events within the time period from 15 May to 15 September for a time period exceeding four weeks in a row;

62.5. it is an area that is mainly used for non-agricultural activities, there is an airfield (a certificate has been issued in accordance with the laws and regulations governing the placement, certification and exploitation of civil aviation airfields), a permanent sports field, including a golf course, fields or slopes where skiing and other sports routes with equipment have been arranged, an equestrian facility with equipment, a recreation area and camp-site, glasshouses with floor covering or roads situated on it.

63. The maximum density of trees shall be calculated in accordance with Article 9 (3) of Regulation No 640/2014, including trees the crown projection of which does not exceed 0.01 hectares.

64. Direct payments may be received for an area where a single age species of short rotation coppice is sown and cultivated - aspen tree (Populus spp.), osier (Salix spp.) or grey alder (Alnus incana) - with a maximum rotation period of five years, and where no land amelioration systems have been registered according to the land amelioration data on 1 July 2011, as well as no new land amelioration system has been created after 1 July 2011.

65. In accordance with Article 4 (2) (a) of Regulation No 1307/2013, arable land has been maintained in a state suitable for cultivation if:

65.1. the surface of the soil is even according to the type of agriculture and the microrelief of the location, it is suitable for pre-sowing processing or mowing, or harvesting of grassland and other plants, as well as it is not necessary to lay the soil or to even out the surface of soil by using shovelling or loading equipment;

65.2. there are no shrub sprouts older than one year;

65.3. using it as fallow, weeds are exterminated and plants, also those cultivated for green manures, are cultivated in soil by 15 September of the current year. An area occupied by green manures shall not be regarded as fallow, if the area is used as pastureland or for the purpose of harvesting, or wherein plants have not been cultivated in soil in the respective term. Such area shall be declared in the single application with a crop code conforming to the description of the crop cultivated therein. If the area occupied by fallow was declared as permanent grassland in the previous year, the latter shall be processed mechanically by 30 May of the current year. Transformation of permanent grassland into fallow is not permissible, if the Rural Support Service in accordance with Paragraph 111 of this Regulation has made the relevant calculations and published information in Latvijas Vēstnesis [the official Gazette of the Government of Latvia] on the fact that the ratio referred to in Sub-paragraph 111.2 of this Regulation has decreased by three or more per cent.

[27 October 2015; 15 March 2016]

66. In accordance with Article 4 (2) (a) of Regulation No 1307/2013, grassland sown in arable land, papilionaceous plants sown in pure stand and permanent grassland shall be maintained in a state suitable for grazing, if by 15 August of the current year they are grazed or mowed down and the mowed grass has been gathered irrespective of the number of times mowing has been conducted, except:

66.1. grassland sown in arable land, papilionaceous plants sown in pure stand and permanent grassland to be used in apiculture for the collection of nectar or for harvesting medicinal plants, if they have been mowed and gathered by 15 September of the current year;

66.2. permanent grassland recognised as biologically valuable grassland or grassland and bird habitats of European Union importance depending on agricultural activities, if they have been grazed, mowed and gathered by selecting a mowing technique suitable for the conditions of water content in the soil by 15 September of the current year;

66.3. grassland and papilionaceous plants sown in pure stand which are used for cultivating grassland seed and which have been applied for field inspection in the current year with the State Plant Protection Service, if they have been threshed by 1 October of the current year;

66.4. grassland and papilionaceous plants sown in pure stand which are used for cultivating grassland seed and which have been sown in the current year without a cover crop, if they have been applied for field inspection with the State Plant Protection Service by 1 June of the subsequent year;

66.5. an area occupied by switchgrass (Panicum virgatum) and reed canary grass (Phalaris arundinacea L.) for the purpose of acquiring energy and the flowering stage of which was reached in the previous year, if the respective area has been mowed and harvested by 1 May of the current year;

66.6. papilionaceous plants sown in pure stand which have been applied for aid under activity "Creation of Sustainable Environment in Cultivating Plants for the Acquisition of Nectar" in accordance with the laws and regulations governing the granting, administration and monitoring of national and European Union aid for improvement of the environment, climate and countryside in the planning period for 2014 - 2020.

[15 March 2016]

66.¹ An area occupied by nectar plants sown in pure stand or mutual mixture within the meaning of Paragraph 66 of this Regulation shall not be regarded as grassland sown in arable land or permanent grassland.

[15 March 2016]

67. The area of permanent crops shall be maintained in a state suitable for crop cultivation, if more than one metre wide interlinear spaces are mowed or mechanically processed, and the withered permanent trees or shrubs have been removed by 15 September of the current year.

[15 March 2016]

68. Ditches, hedges and rows of trees not wider than two metres may be included in the eligible area.

69. If eligible landscape features - clusters of trees and shrubs the area of which does not exceed 0.01 hectares - have been identified and are situated both on arable land and the area of permanent grassland or permanent crops, the area occupied by these landscape features shall be applied to the respective type of land use in proportion to the occupied area.

70. If eligible landscape features - separately growing trees - have been identified and are situated on the border of the area of agricultural land with various types of use, the area occupied by the landscape features shall be divided equally between each relevant land area.

71. [15 March 2016]

72. If the difference within one field block between the overall amount of its area and the area of fields which has been applied in the single application by one or several farmers, does not exceed 0.1 hectares, but not more than one per cent from the area of the block of fields, the area of fields shall be reduced in proportion. The actual size of the area shall be taken as the basis for calculation of the eligible area.

73. The area of agricultural land shall not include constructions and objects created by a human being, in particular structures, buildings, roads, stone layers, and permanent ponds.

8. Cross-compliance

74. Statutory management requirements have been specified in Annex 5 to this Regulation in accordance with Article 93 of Regulation No 1306/2013.

75. If the farmer does not comply with the requirements for good agricultural and environmental conditions referred to in Paragraph 76 of this Regulation and the statutory management requirements referred to in Annex 5 to this Regulation, the amount of support referred to in Paragraph 2 of this Regulation (except the payment referred to in Sub-paragraph 2.17 of this Regulation) shall be reduced in accordance with Article 97 of Regulation No 1306/2013.

8.1. Provisions for Good Agricultural and Environmental Condition

76. In accordance with the requirements laid down in Article 94 of Regulation No 1306/2013, the farmer shall comply with the following requirements for a good agricultural and environmental condition:

76.1. no fertiliser materials shall be used in a 10-metre-wide zone along a water body determined in accordance with the laws and regulations regarding the classifier of water management districts and the classifier of water bodies;

76.2. a permit for the use of water resources has been received in accordance with the laws and regulations regarding the permit for the use of water resources, if more than 10 cubic metres of surface or groundwater per day are used for irrigation when conducting agricultural activities;

76.3. polluting substances, including priority substances and hazardous substances, are not lead into groundwater unless a proper permit has been received in accordance with the procedures by which emission of pollutants in water is specified;

76.4. part of agricultural land with the length of the slope of at least 20 metres and gradient more than 10 degrees from 1 October of the current year by 31 March of the subsequent year is ensured at least with minimum crop vegetation, or a stubble-field is preserved;

76.5. a land amelioration system within one's responsibility is maintained in the agricultural land, ensuring its activity and maintenance, as well as regulation of land humidity regime:

76.5.1. trees and shrubs in the width of at least one metre are removed from water drainage beds and collecting ditches, their sprouts are mowed at least once every two years, ground wash-out, household waste, fallen trees, silt and beaver barrage preventing water inflow is removed;

76.5.2. drainage holes in the drainage system are covered up, the silt is removed from the drainage hole, as well as the drainage collector outlets are cleaned, and ligneous plants in the distance of at least five metres on each side of drainage collector outlets are removed;

76.6. stubble-field or dry grass on the field is not burnt down;

76.7. natural sites - secular stones, protected trees and avenues - are preserved and destruction or deterioration thereof is not permitted, if such nature sites must be protected in accordance with the laws and regulations regarding the protection and use of specially protected nature territories;

76.8. plants of the invasive hogweed genus located in the area of agricultural land are mowed by the moment the flowering stems thereof appear;

76.9. hedges and trees are not logged or cut within the time period from 15 March to 31 July, except permanent crops in the area situated in a specially protected nature territory, and in the remaining territories - from 1 April to 30 June.

8.2. Cross-compliance Control System

77. A farmer who applies for the aid referred to in Paragraph 2 of this Regulation (except the payment referred to in Sub-paragraph 2.17 of this Regulation) shall be selected for the check in accordance with conditions of Article 96 of Regulation No 1306/2013. The check shall be carried out by the competent control authorities specified in the laws and regulations regarding the administration of financing of the European Agricultural Guarantee Fund, the European Agricultural Fund for Rural Development, the European Maritime and Fisheries Fund, as well as national and European Union aid for agricultural, rural and fisheries development in the planning period for 2014 - 2020.

78. The farmer shall ensure a possibility for the competent control authorities to carry out the required checks of cross-compliance at the holding and, upon request, shall present documents that must be checked.

79. A control report shall be prepared by the competent control authority in accordance with Article 72 of Regulation No 809/2014 regarding the checking of the statutory management requirements at the holding.

80. The farmer may submit refinements of the control report to the competent control authority within 10 working days after receiving the report referred to in Paragraph 79 of this Regulation.

81. Such irregularity shall be regarded as intentional non-compliance within the meaning of Article 99 (3) of Regulation No 1306/2013 which causes threat to the health of the society or animals or due to which financial losses or additional costs are caused to the third parties in order to prevent consequences of the irregularity.

9. Single Area Payment

82. The single area payment shall be applied in accordance with Article 36 of Regulation No 1307/2013 and Article 35 of Regulation No 639/2014.

83. If applying for the single area payment, the farmer together with the single application shall submit the following documents to the Rural Support Service:

83.1. a map of field blocks prepared by the Rural Support Service wherein the area of agricultural land and ecological focus area declared in the single application is marked;

83.2. certificate of the origin (copy) of the plants of short rotation coppice species, if the short rotation coppice referred to in Paragraph 64 of this Regulation is applied for aid;

83.3. information on the types of use of agricultural crops (Annex 6), if the farmer applies also for voluntary coupled support for protein crops and cultivates protein crops also for the purpose of acquiring energy or if the area of arable land is at least 10 hectares.

[15 March 2016]

84. The rate of the single area payment shall be calculated by the Rural Support Service in accordance with Article 36 (2) of Regulation No 1307/2013.

10. Additional Requirements for Granting Direct Payments for Hemp Area

85. A farmer has the right to apply for the single area payment, the payment under the small farmers scheme and voluntary coupled support for protein crops for hemp area, if the latter has been included in the hemp tetrahydrocannabinol (hereinafter - THC) monitoring in accordance with Article 45 of Regulation No 809/2014.

86. A continuous area of agricultural land which is not less than 0.3 hectares, shall be declared in the single application by specifying the type and code of land use appropriate for hemp (Annex 2), and the latter shall be indicated as one field sown with certified seeds of one eligible hemp variety. In addition to the single application submitted to the Rural Support Service the farmer who applies for the single area payment for hemp area, shall, by 22 May of the current year, submit the following:

86.1. a declaration of the sown area applied for the single area payment (Annex 7) containing information on the sown area of hemp, the varieties of the sown hemp and the amount of sown seeds (kg/ha);

86.2. the original of the packaging of each sown hemp seed variety in which the quantity of seeds conforms to the quantity of sown hemp seeds specified in the declaration (the minimum quantity of hemp shall be 25 kg/ha).

[15 March 2016]

87. The farmer shall, by 15 June of the current year, submit the application for inclusion of the area in hemp THC monitoring (Annex 8) to the State Plant Protection Service either in person or in the form of an electronic document in accordance with the laws and regulations regarding drawing up of electronic documents, or by post.

88. The farmer shall, by 30 June of the current year, settle the payment for inclusion of the area in hemp THC monitoring according to the price list of paid services provided by the State Plant Protection Service and in conformity with the issued invoice by transferring the funds to the account specified in the invoice.

89. The State Plant Protection Service has the right to annul inclusion of the area in hemp THC monitoring in the current year, without reimbursing the funds paid for inclusion of the area in hemp THC monitoring, if the application referred to in Paragraph 87 of this Regulation contains false information on hemp area or the payment for the entire specified hemp area has not been settled.

90. In accordance with Article 30 (g) and Article 34 (2) of Regulation No 809/2014, the Rural Support Service shall select a farmer who is applying for the single area payment for hemp area, to carry out an on-the-spot check at his or her holding. The check shall be carried out by an official of the State Plant Protection Service.

91. The State Plant Protection Service shall inform those farmers whose holdings have been selected for checking regarding the planned check in accordance with Article 30 (g) and Article 34 (2) of Regulation No 809/2014. In order to carry out the on-the-spot check, the farmer shall inform the State Plant Protection Service regarding the time of the beginning of hemp flowering.

11. Payment for Agricultural Practice Beneficial for the Climate and the Environment

92. A payment for agricultural practice beneficial for the climate and the environment shall be applied in accordance with Title II, Chapter 3 of Regulation No 1307/2013 and Chapter 3 of Regulation No 639/2014.

93. The aid rate for the payment for agricultural practice beneficial for the climate and the environment shall be calculated by the Rural Support Service in accordance with Article 43 (9) (2) of Regulation No 1307/2013.

94. The farmer to whom a certificate on compliance of organic farming or a statement on commencing the transition period to organic farming in accordance with the laws and regulations on the monitoring of organic farming and the control procedures has been issued, and whose agricultural land applied in organic farming in accordance with the certification conforms to Article 11 of Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (hereinafter - Regulation No 834/2007), is entitled to receive the payment for agricultural practice beneficial for the climate and the environment.

95. A holding wherein the methods of organic farming are applied only in part of the agricultural land of the holding, the threshold of area referred to in Articles 44 and 46 of Regulation No 1307/2013 shall be applied to such area of agricultural land of the holding that is not used for organic farming in accordance with Article 11 of Regulation No 834/2007.

96. The farmer who has the right to the payment for agricultural practice beneficial for the climate and the environment, may refuse from the abovementioned right by making a note in the single application in accordance with Article 43 (11) of Regulation No 1307/2013. In case of a refusal, the farmer shall ensure fulfilment of the requirements referred to in Title III, Chapter 3 of Regulation No 1307/2013 in the entire eligible agricultural area of the holding.

[15 March 2016]

11.1. Crop Diversification

97. The requirement on crop diversification shall be applied in accordance with Article 44 of Regulation No 1307/2013 and Article 40 of Regulation No 639/2014.

98. The list of crops has been determined in Annex 9 to this Regulation in accordance with Article 44 (4) (a), (b) and (d) of Regulation No 1307/2013.

99. Crops or plant remains thereof shall be located on the field from 15 June to 31 August in accordance with Article 40 (1) of Regulation No 639/2014.

100. All crops cultivated by using a seed mixture shall be regarded as crop mixture in accordance with Article 40 (3) of Regulation No 639/2014.

100.¹ In order to fulfil the crop diversification requirements, papilionaceous plants sown in pure stand may be regarded as a separate crop in accordance with Article 44 (4) (a) of Regulation No 1307/2013.

[15 March 2016]

101. Upon declaring crops under the title "Other unspecified crops sown in pure stand in arable land" or "Various crops in a small area or several crops sown in a continuous field if each crop in the respective field occupies less than 0.3 ha", the farmer shall, upon request of the Rural Support Service, submit an additional declaration, specifying information on each crop separately in accordance with Article 44 (4) (a) or (b) of Regulation No 1307/2013 and the area occupied by it.

102. The landscape features shall be included in the area occupied by the crop for the calculation of the proportion of various crops that form part of the eligible area in accordance with Article 9 of Regulation No 640/2014.

103. It shall be regarded that the requirement of crop diversification has been fulfilled, if after submitting the single application and declaration of crops, crop seeds do not germinate or crop cultivation is delayed, or crop sowing is destroyed due to force majeure or exceptional circumstances, if it is established during checks that the requirement of crop diversification has been fulfilled in respect of other crops instead of those declared in the application, except cases if the declared crop influences the application of an exemption from the requirement of crop diversification or creation of an ecological focus area.

[15 March 2016]

11.2. Protected Environmentally Sensitive Permanent Grassland

104. The requirement on protected environmentally sensitive permanent grassland shall be applied in accordance with Article 45 (1) of Regulation No 1307/2013 and Article 43 of Regulation No 639/2014.

105. In accordance with Article 45 (1) of Regulation No 1307/2013, protected environmentally sensitive permanent grassland is grassland that has been recognised as a grassland habitat of European Union importance and a bird habitat of European Union importance in accordance with the laws and regulations regarding the list of specially protected habitats, regarding the list of specially protected species and specially protected species for limited use, regarding the procedures by which micro-reserves are created and managed, the protection thereof, as well as determination of micro-reserves and buffer strips thereof, regarding the list of European Union priority species and habitats encountered in Latvia, regarding the list of animals and plant species significant within the European Community that require protection, and the list of those animals and plant species in respect of the acquisition of which in wild flora the conditions for limited use may be applied.

106. The conditions of Article 45 of Regulation No 1307/2013 in the current year shall be applied to such protected environmentally sensitive permanent grassland which on 31 December of the previous year has been cartographically identified in the map of field blocks of the field block identification system of the Rural Support Service by using the data of the nature data management system "Ozols" of the Nature Conservation Agency.

106.¹ The Rural Support Service shall, by 1 February of the current year, supplement the map of field blocks of the field block identification system with permanent grassland areas to which the status of environmentally sensitive permanent grassland has been assigned since 1 February of the previous year, specifying the date on which the map of field blocks was supplemented.

[27 October 2015]

106.² Farmers shall, by 1 April of the current year, inform the Nature Conservation Agency regarding such permanent grassland areas to which within the time period from 1 January to 1 February of the current year the status of environmentally sensitive permanent grassland was assigned for the first time in the map of field blocks of the field block system of the Rural Support Service and that have been ploughed up or transformed into land for another use over a time period of one year prior to 1 February of the current year.

[27 October 2015]

106.³ Upon evaluating the information provided by farmers and the information at the disposal of the Rural Support Service regarding the declared type of land use and, if necessary, by conducting an on-the-spot check, the Nature Conservation Agency shall reassess the status of environmentally sensitive permanent grassland and update the boundaries.

[27 October 2015]

106.⁴ The procedures referred in Paragraph 106.² of this Regulation shall not be applied from the date on which the Rural Support Service has made the relevant calculations in accordance with Paragraph 111 of this Regulation and published information on the fact that the ratio referred to in Sub-paragraph 111.2 of this Regulation has decreased by three or more per cent in Latvijas Vēstnesis [the official Gazette of the Government of Latvia].

[27 October 2015]

106.⁵ The Nature Conservation Agency shall, without delay, inform the Rural Support Service regarding the taken decisions that provide for the cancellation of the status of an environmentally sensitive permanent grassland in specific areas where the status of grassland has been changed due to circumstances beyond the action and decisions of a farmer, including if changes in the botanical content of sward due to natural processes have been encountered during the survey of grassland or if it is planned to create infrastructure objects of public importance in the respective area. The Rural Support Service shall update the information in the map of field blocks of the field block identification system on the basis of the abovementioned decisions taken by the Nature Conservation Agency.

[27 October 2015]

107. The area of protected environmentally sensitive permanent grassland specified in Paragraphs 105 and 106 of this Regulation shall not include the area occupied by grassland that is situated in any of the protective zones of land use in accordance with the laws and regulations regarding protective zones.

108. A farmer who has ploughed up protected environmentally sensitive permanent grassland at the declared area or has transformed it into another type of land use, has an obligation to reconvert the respective area into permanent grassland by 9 June of the subsequent year after establishing such action.

11.3. Maintenance of Permanent Grassland

109. The requirement on the maintenance of permanent grassland shall be applied in accordance with Article 45 (2), (3), (4) and (5) of Regulation No 1307/2013 and Article 44 of Regulation No 639/2014.

110. The requirements specified in Article 45 (2) of Regulation No 1307/2013 shall be applied in respect of the overall agricultural land of the State.

111. In accordance with Article 45 (2) of Regulation No 1307/2013 and Article 43 of Regulation No 639/2014, the Rural Support Service shall make the relevant calculations and shall publish the following information in Latvijas Vēstnesis [the official Gazette of the Government of Latvia]:

111.1. the proportion of permanent grassland area in the current year;

111.2. changes in the ratio between reference area of permanent grassland and permanent grassland area in the current year.

112. If the ratio referred to in Sub-paragraph 111.2 of this Regulation has decreased in the State by three, but not more than five per cent, the farmer who is applying for the aid referred to in Paragraph 2 of this Regulation, has an obligation not to transform the permanent grassland area into land used for another purpose, unless consent is received from the Rural Support Service.

113. The consent referred to in Paragraph 112 of this Regulation shall be issued by the Rural Support Service to the farmer who entirely restructures the holding by transforming it into a plant production holding or by liquidating or reducing the quantity of cattle in the herd by more than 50 per cent according to the state on 15 June of the current year, compared to the relevant date of the previous year.

114. If the ratio referred to in Sub-paragraph 111.2 of this Regulation in the State has decreased by more than five per cent:

114.1. it is prohibited for the farmer to transform the permanent grassland area into land used for another purpose;

114.2. the Rural Support Service shall, by 30 September of the current year, in accordance with Articles 44 (2) and (3) of Regulation No 639/2014 inform the farmer regarding the requirement to transform the land used for another purpose into a permanent grassland area, specifying the size of the respective area;

114.3. after receiving such requirement, the farmer shall reconvert the permanent grassland area by 9 June of the subsequent year.

11.4. Ecological Focus Area

115. The requirement on the creation or maintenance of an ecological focus area shall be applied in accordance with Article 46 of Regulation No 1307/2013 and Articles 45 and 48 of Regulation No 639/2014.

116. In accordance with Article 46 (2) of Regulation No 1307/2013, the following shall be regarded as an ecological focus area:

116.1. land lying fallow which has been maintained at least six consecutive months in the current year and at least by 15 July of the current year;

116.2. land below secular trees, avenues and secular stones that are protected in accordance with the laws and regulations regarding protection and use of specially protected nature territories;

116.3. land in the area of 0.01 up to 0.3 hectares that is occupied by trees growing in a group and tree and shrub clusters;

116.4. 1-20 wide field margins where there are no tree and shrub sprouts older than one year. The plant cover at the field margin differs from the adjacent plant cover of an agricultural land, and it is allowed to mow them. If the field margin is occupied by plants of grass species and it is created along the field of grassland sown in arable land or fallow, the latter shall have a different botanical content of herbaceous plants;

116.5. ponds in the area of 0.01 up to 0.1 hectares, also including the riparian vegetation in not more than 10 metres wide zone;

116.6. [27 October 2015 / See Paragraph 2 of amendments];

116.7. land which is occupied by grasses sown in pure stand or mixture by 15 September of the current year, in cereal or cereal and protein crop after-sowing - Italian ryegrass, perennial ryegrass, hybrid ryegrass, Festulolium, timothy grass, cocksfoot, meadow fescue, tall fescue, red fescue, sheep's fescue, rough-stalked fescue, smooth brome, soft brome, meadow foxtail, smooth-stalk meadowgrass, swamp meadowgrass, rough-stalked meadowgrass, common bent grass, Roth redtop or creeping bent grass;

116.8. area occupied by nitrogen-fixing crops - alfalafa (Medicago), birdsfoot trefoil (Lotus corniculatus), clover (Trifolium), including red clover, alsike clover and white clover, field beans (Vicia faba), vetches (Vicia), peas (Pisum), sweet clover (Meliotus), eastern galega (Galega), lupine (Lupinus), and sainfoin (Onobryschis). Nitrogen-fixing crops shall be cultivated in pure stand or mixture, consisting only of nitrogen-fixing crops. If nitrogen-fixing crops are cultivated in a field that is situated near a water body which has been specified in accordance with the laws and regulations regarding the classifier of water management districts, at least two metres wide zone shall be created along the relevant water body that shall not be used in the production of agricultural products.

[27 October 2015; 15 March 2016; 1 January 2017 / Sub-paragraph 116.9 shall come into force on 1 January 2017 and shall be included in the wording of the Regulation on 1 January 2017. See Paragraph 2 of amendments]

117. Weighting and conversion factors set out in Annex 10 to this Regulation shall be applied to calculate the area which is occupied by ecological focus areas in accordance with Article 46 (3) of Regulation No 1307/2013.

118. In 2015, 2016 and 2017 the requirement of Article 46 (1) of Regulation No 1307/2013 shall not be applied to farmers who own or use arable land, if more than 50 per cent of such land is located in parishes or municipalities referred to in Annex 11 to this Regulation in accordance with Article 46 (7) of Regulation No 1307/2013.

119. Artificially created fences in between arable land and landscape features (field margins, ponds or tree and shrub clusters) shall not be regarded as an obstacle for physical contact of these landscape features and arable land, and declaration in the status of an ecological focus area.

[27 October 2015; 1 January 2016]

120. Upon request of the Rural Support Service, the farmer shall submit evidence proving that the area occupied by landscape features referred to in Sub-paragraphs 116.2, 116.3, and 116.5 of this Regulation are in his or her ownership or use according to the state on 15 June of the current year.

121. Ponds, as well as tree and shrub clusters shall be regarded as an ecological focus area if:

121.1. they are entirely surrounded by arable land at the disposal of the farmer or these landscape features are delimited by arable land or they are located in the distance of not more than five metres from arable land, and the zone between arable land and these landscape features is not permanent grassland or permanent crops;

121.2. the field margin which has been included in eligible area of agricultural land, has been created between the pond and arable land or between a tree and shrub cluster.

[27 October 2015 / Amendment to Sub-paragraph 121.2 regarding deletion of the words "buffer zone" shall come into force on 1 January 2016. See Paragraph 2 of amendments]

122. In accordance with Article 46 (2) of Regulation No 1307/2013 field margins and protected tree avenues shall be regarded as an ecological focus area adjacent to arable land of the holding, if the longest side thereof is delimited by the edge of arable land of the holding or if the protected tree avenue is situated in the distance of not more than five metres from arable land, and the zone between arable land and these landscape features is not permanent grassland or permanent crops.

[27 October 2015]

123. [15 March 2016]

124. [27 October 2015]

124.¹ If during the on-the-spot check at the holding it is established that the type of ecological focus area declared in the single application does not correspond to the actual situation, or if the declared area exceeds the on-the-spot measured area, in such case it is possible to use the area at the disposal of the farmer which has not been declared as an ecological focus area in the single application, but conforms to the criteria set for an ecological focus area and is situated on the agricultural land declared by the farmer in the single application, to compensate the area required to reach the size of the declared ecological focus area. Groups of trees, tree and shrub clusters, ponds, as well as land under secular trees, avenues and secular stones may be used to compensate the area required to reach the size of the declared ecological focus area, if these objects at the moment of checking are identifiable in the holding and the farmer proves that the relevant landscape feature is in his or her ownership or possession.

[27 October 2015]

12. Payment for Young Farmers

125. Payments for young farmers may be received by a farmer who is setting up an agricultural holding for the first time, if he or she submits the single application to the Rural Support Service by 22 May of the current year, specifying that he or she is applying for the relevant payment.

[15 March 2016]

126. Within the meaning of Article 50 (2) (a) of Regulation No 1307/2013 a natural person is setting up an agricultural holding as head of the holding for the first time, if the respective person or a farm or capital company under his or her control is conducting one of the following activities for the first time:

126.1. submits an application for receipt of national or European Union aid for agriculture;

126.2. declares revenue from agricultural activities to the State Revenue Service;

126.3. registers as a performer of economic activity, specifying the agricultural activity as the type of activity of a person with the State Revenue Service.

[28 April 2015]

127. Within the meaning of Article 49 (1) (b) of Regulation No 639/2014:

127.1. a young farmer exercises effective and long-term control over the capital company in terms of the decisions taken, if in the year when the application for aid to young farmers was submitted, namely from 22 May to 31 December, he or she owns at least 50 per cent of the shares of the capital and has power of signature;

127.2. one or several young farmers exercise effective and long-term control over an individual (family) enterprise or a farm in terms of the decisions taken, if in the year when the application for aid to young farmers was submitted, namely from 22 May to 31 December, they are owners of the individual (family) enterprise or farm, and they have power of signature;

127.3. several young farmers exercise effective and long-term control over the capital company in terms of the decisions taken, if in the year when the application for aid to young farmers was submitted, namely from 22 May to 31 December, they all together own at least 50 per cent of the shares of the capital and they each own at least 20 per cent of the shares of the capital, as well as have power of signature. If any of young farmers during subsequent years no longer exercise control over the capital company in terms of the decisions taken, it shall be considered that such control is exercised by other young farmers, if the number of shares of the capital owned by them is not less than 50 per cent and their power of signature has been retained.

[15 March 2016]

127.¹ The given name, surname and personal identity number of the young farmer referred to in Paragraph 127 of this Regulation shall be specified in the single application.

[15 March 2016]

128. If the young farmer has established several holdings in his or her control on the same date, the payment for young farmers shall be granted only for the area of one holding, specified by the farmer, or the payment shall not be granted to any of the holdings, if artificially created conditions have been established in accordance with Article 60 of Regulation No 1306/2013.

[15 March 2016]

129. Upon request of the Rural Support Service, the State Revenue Service shall provide information regarding conformity of the data referred to in Sub-paragraphs 126.2 and 126.3 of this Regulation.

130. The amount of payment for young farmers shall be calculated by the Rural Support Service in accordance with Article 50 (8) of Regulation No 1307/2013.

131. The payment for young farmers shall be granted to one beneficiary for not more than 90 hectares in accordance with Article 50 (9) of Regulation No 1307/2013.

13. Voluntary Coupled Support

132. Voluntary coupled support may be received by a farmer, if the latter submits the single application to the Rural Support Service by 22 May of the current year, specifying therein the selected type of voluntary coupled support.

[15 March 2016]

132.¹ The maximum amount of voluntary coupled support in 2015 has been set in Annex 14.¹ to this Regulation.

[27 October 2015]

13.1. Voluntary Coupled Support for Dairy Cows

133. Voluntary coupled support for dairy cows shall be granted if:

133.1. they are kept as part of the herd of the farmer for a time period of three successive months, starting from 15 May of the current year;

133.2. they are registered and marked, and information thereon has been provided in accordance with the procedures laid down in the laws and regulations regarding marking of farming animals and registration thereof;

133.3. recording of the herd is ensured in accordance with the laws and regulations regarding recording of animals at least by 30 September of the current year and milk-yield per cow in the last standard lactation which has been concluded in the recording year from 1 October of the previous year to 30 September of the current year, is at least 5500 kilograms or - for a cow kept in organic conditions - 4500 kilograms. The requirement on milk-yield shall not apply to dairy cows under the recording system and whose first standard lactation is commenced in the recording year from 1 October of the previous year to 30 September of the current year.

[28 April 2015; 27 October 2015; 15 March 2016]

134. The farmer shall ensure control over milk-yield, preparation and storage of data in accordance with the laws and regulations regarding the procedures for recording dairy cows. The farmer shall create and carry out accounting on the use of milk obtained at the holding (including milk for personal consumption, animal feeding, trade, processing at the holding or which has been destroyed), using electronic means for data storage or creating an accounting journal wherein information has been arranged in chronological sequence according to the date of the use of milk, inter alia according to control date, according to milk supply date, containing information on the purchaser of milk and the amount of supplied milk and according to the date of processing of milk, if milk has been processed at the holding.

[15 March 2016]

135. The rate of support in the respective year shall be calculated by dividing the maximum amount of voluntary coupled support for dairy cows with the number of dairy cows, thereby granting the right to receive support in the respective year in accordance with Article 53 (2) of Regulation No 639/2014.

136. Information regarding farmers who may receive voluntary coupled support for dairy cows and the number of dairy cows, thereby granting the right to receive support in the respective year, shall be obtained from the register of farming animals of the Agricultural Data Centre.

137. Potentially eligible dairy cows in respect of which it has been established that their identification or registration in the animal identification and registration system has been incorrect, shall be regarded as dairy cows in accordance with Article 21 (4) (b) of Regulation No 809/2014 in respect of which non-compliance has been established, as specified in Article 31 of Regulation No 640/2014.

138. In order to ascertain the conformity of holdings with the requirements referred to in Sub-paragraph 133. of this Regulation, the Agricultural Data Centre shall carry out on-the-spot checks in accordance with Article 42 of Regulation No 809/2014, checking milk-yield control data of the holding, milk trade and use data accounting, as well as conformity with the requirements on animal identification and registration. The Agricultural Data Centre shall prepare the control report referred to in Article 43 of Regulation No 809/2014 and shall submit it to the Rural Support Service.

139. In accordance with Article 33 and Article 34 (3) of Regulation No 809/2014, the Rural Support Service shall create sample selection in respect of voluntary coupled support for dairy cows and a list of holdings subject to checking, and shall submit it to the Agricultural Data Centre.

140. The Agricultural Data Centre shall provide to the Rural Support Service the information requested by it regarding checks carried out at holdings and their results in accordance with Article 2 (2) of Regulation No 809/2014.

13.2. Voluntary Coupled Support for Goats

141. Voluntary coupled support for goats may be received by a farmer, if the herd contains at least three eligible mother goats in the time period from 1 October of the previous year until 30 September of the current year.

142. Voluntary coupled support for goats shall be granted, if:

142.1. they yeaned in the time period from 1 October of the previous year until 30 September of the current year;

142.2. they are kept in a farmer's herd for a time period of consecutive three months, starting from 15 May of the current year;

142.3. they are registered and marked, and information thereon has been provided in accordance with the procedures laid down in the laws and regulations regarding marking of farming animals and registration thereof.

[28 April 2015; 27 October 2015]

143. The rate of aid in the respective year shall be calculated by dividing the maximum amount of aid with the quantity of goats, thereby granting the right to receive aid in the respective year in accordance with Article 53 (2) of Regulation No 639/2014.

144. Information regarding farmers who may receive voluntary coupled support for goats, and the list of goats qualifying for support in the respective year, shall be obtained from the register of farming animals of the Agricultural Data Centre.

145. Potentially eligible goats in respect of which it has been established that their identification or registration in the animal identification and registration system has been incorrect, shall be, in accordance with Article 21 (4) (b) of Regulation No 809/2014, regarded as goats in respect of which non-conformity has been established, as referred to in Article 31 of Regulation No 640/2014.

146. The Rural Support Service shall create sample selection in respect of voluntary coupled support for goats and a list of holdings subject to checking, and shall submit it to the Agricultural Data Centre in accordance with Article 33 and Article 34 (3) of Regulation No 809/2014.

147. In order to apply for voluntary coupled support for goats, the Agricultural Data Centre shall provide to the Rural Support Service the information requested by it regarding checks carried out at holdings in accordance with Article 2 (2) of Regulation No 809/2014.

148. In order to ascertain the conformity of farmers with the requirements referred to in Paragraphs 141 and 142 of this Regulation, the Agricultural Data Centre shall carry out on-the-spot checks in accordance with Article 42 of Regulation No 809/2014, checking conformity of the information included in the registers of animals and herds with the actual situation, if the farmer uses the database authorised by the Agricultural Data Centre, or conformity of the information included in the registers of the holding with the actual situation at the holding and the information included in the register of animals and herds of the Agricultural Data Centre. The Agricultural Data Centre shall prepare the control report in accordance with Article 43 of Regulation No 809/2014 and shall submit it to the Rural Support Service.

13.3. Voluntary Coupled Support for Bovine Animals

149. Voluntary coupled support for bovine animals shall be granted for the following meat breed or combined (dairy-meat) breed bovine animals or bovine animals obtained from crossing animals of this breed referred to in Annex 12 to this Regulation:

149.1. a heifer - a female bovine animal, without previous calving, that in the current year at the holding has reached the age of 16 months and it has been kept there for a retention period of six months that concludes on the day of reaching the age of 16 months;

149.2. a bull or steer that in the current year at the holding has reached the age of 16 months and it has been kept there for a retention period of six months that concludes on the day of reaching the age of 16 months;

149.3. a suckler cow that is not milked, but used to nurse calves, and that has been kept at the holding for a time period of six consecutive months, starting from 15 May of the current year.

[28 April 2015]

150. Voluntary coupled support for bovine animals shall be granted for a bovine animal which has been properly registered and marked, and information thereon has been provided in accordance with the procedures laid down in the laws and regulations regarding marking of farming animals and registration thereof.

[27 October 2015]

151. The rate of voluntary coupled support for bovine animals in the respective year shall be calculated by dividing the maximum amount of support with the quantity of animals qualifying for support in the respective year in accordance with Article 53 (2) of Regulation No 639/2014.

152. Information regarding farmers who may receive voluntary coupled support for bovine animals, and the list of bovine animals qualifying for support in the respective year, shall be obtained from the register of farming animals of the Agricultural Data Centre.

153. Potentially eligible bovine animals in respect of which it has been established that their identification or registration in the animal identification and registration system has been incorrect, shall be regarded as bovine animals in accordance with Article 21 (4) (b) of Regulation No 809/2014 in respect of which non-conformity has been established, as referred to in Article 31 of Regulation No 640/2014.

154. The Agricultural Data Centre shall check the conformity referred to in Paragraphs 149 and 150 of this Regulation at the holding and shall prepare the control report referred to in Articles 42 and 43 of Regulation No 809/2014.

155. The Rural Support Service shall create sample selection in respect of voluntary coupled support for bovine animals and a list of holdings subject to checking, and shall submit it to the Agricultural Data Centre in accordance with Article 33 and Article 34 (3) of Regulation No 809/2014.

156. In order to apply for voluntary coupled support for bovine animals, the Agricultural Data Centre shall provide to the Rural Support Service the information requested by it regarding checks carried out at holdings in accordance with Article 2 (2) of Regulation No 809/2014.

13.4. Voluntary Coupled Support for Sheep

157. Voluntary coupled support for sheep may be received by a farmer, if the herd contains at least three eligible ewes within a time period from 1 October of the previous year until 30 September of the current year.

158. Voluntary coupled support for sheep shall be granted if:

158.1. they lambed in the time period from 1 October of the previous year until 30 September of the current year;

158.2. they belong to meat breed or combined (wool-meat) breed (Annex 13) or they have been obtained by crossing any of the abovementioned breeds;

158.3. they are registered and marked, and information thereon has been provided in accordance with the procedures laid down in the laws and regulations regarding marking of farming animals and registration thereof;

158.4. they are kept as part of the herd of the farmer for a time period of three consecutive months, starting from 1 July of the current year.

[28 April 2015; 27 October 2015]

159. The rate of voluntary coupled support for sheep in the respective year shall be calculated by dividing the maximum amount of support with the quantity of animals qualifying for support in the respective year in accordance with Article 53 (2) of Regulation No 639/2014.

160. Information regarding farmers who may receive voluntary coupled support for sheep, and the list of sheep qualifying for support in the respective year, shall be obtained from the register of farming animals of the Agricultural Data Centre.

161. Potentially eligible sheep in respect of which it has been established that their identification or registration in the animal identification and registration system has been incorrect, shall be, in accordance with Article 21 (4) (b) of Regulation No 809/2014, regarded as sheep in respect of which non-conformity has been established, as referred to in Article 31 of Regulation No 640/2014.

162. In order to apply for voluntary coupled support for sheep, the Agricultural Data Centre shall provide to the Rural Support Service the information requested by it regarding checks carried out at the holding in accordance with Article 2 (2) of Regulation No 809/2014.

163. The Agricultural Data Centre shall check the conformity referred to in Paragraphs 157 and 158 of this Regulation at the holding and shall prepare the control report referred to in Article 43 of Regulation No 809/2014, and it shall be submitted to the Rural Support Service. The Agricultural Data Centre shall carry out on-the-spot checks in accordance with Article 42 of Regulation No 809/2014, checking conformity of the information included in the registers of animals and herds with the actual situation, if the farmer uses the database authorised by the Agricultural Data Centre, or conformity of the information included in the registers of the holding with the actual situation at the holding and the information included in the register of animals and herds of the Agricultural Data Centre.

164. The Rural Support Service shall create a sample selection in respect of voluntary coupled support for sheep and a list of holdings subject to checking, and shall submit it to the Agricultural Data Centre in accordance with Article 33 and Article 34 (3) of Regulation No 809/2014.

13.5. Voluntary Coupled Support for Protein Crops

165. Voluntary coupled support for protein crops may be received for such area of protein crops in the current year:

165.1. that is sown in pure stand with field beans, peas, vetches, alfalafa, eastern galega, soya, hemp, red clover, alsike clover or white clover;

165.2. that is sown in cereal mixture with peas or vetches, if the proportion of the seed mass of peas or vetches, quantity of plants or green feed thereof exceeds 50 per cent;

165.3. that has not been applied for another voluntary coupled support in respect of areas.

166. The farmer has the right to qualify for voluntary coupled support for protein crops for hemp area, if the latter is eligible for receipt of the single area payment.

167. The farmer may receive voluntary coupled support for protein crops, if:

167.1. the overall eligible area of either one or several fields of protein crops is not smaller than one hectare and it is applied to receive the single area payment;

167.2. the protein crops cultivated in the area of protein crops applied for aid are not used for the acquisition of energy.

168. The proportion of peas and vetches referred to in Sub-paragraph 165.2 of this Regulation shall be determined by the Rural Support Service by carrying out an on-the-spot check.

169. A holding where protein crops are cultivated for the acquisition of energy shall submit information regarding the types of use of agricultural crops (Annex 6) in accordance with Sub-paragraph 83.3 of this Regulation and shall ensure separate accounting on the acquisition and use of all protein crops obtained at the holding.

170. The Rural Support Service shall check the conformity requirements referred to in Paragraph 165 of this Regulation by verifying conformity of the declared information with the actual situation and accounting in the holding, and shall prepare a control report.

171. The rate of voluntary coupled support for protein crops in the respective year shall be calculated by dividing the maximum amount of support with the number of eligible protein crop hectares in the State in the current year in accordance with Article 53 (2) of Regulation No 639/2014.

[27 October 2015]

172. [27 October 2015]

13.6. Voluntary Coupled Support for Starch Potatoes

173. Voluntary coupled support for starch potatoes may be received by a farmer who has concluded a potato cultivation contract with the starch producer in respect of a specific area of starch potato plantation and the supply of a certain amount of potatoes in the current year.

174. The farmer may receive voluntary coupled support for starch potatoes, if:

174.1. the overall eligible area of either one or several fields of starch potatoes is not smaller than one hectare and it is applied to receive the single area payment;

174.2. at least three tonnes of potato starch have been obtained from starch potatoes harvested from one hectare and supplied to the starch producer.

175. The maximum number of hectares whereon a farmer is entitled to receive aid, shall not exceed the number of hectares occupied by starch potatoes specified in the contract referred to in Paragraph 173 of this Regulation, and the number which is determined by dividing the amount of potato starch obtained from potatoes supplied to potato starch producer in the current year by three.

[15 March 2016]

175.¹ The starch producer shall submit a copy of the contract referred to in Paragraph 173 of this Regulation to the Rural Support Service by 1 December of the current year.

[15 March 2016]

176. The amount of potato starch in tonnes referred to in Paragraph 175 of this Regulation shall be determined by the Rural Support Service on the basis of net weight of the supplied potato cargo and underwater weight determined for potatoes which has been announced in accordance with Paragraph 178 of this Regulation. The amount of potato starch in tonnes per each supplied cargo shall be calculated by dividing the net weight of potatoes (kilograms) with the amount of potatoes corresponding to the underwater weight specified in Annex 14 to this Regulation which is necessary to obtain one tonne of potato starch.

177. Net weight of potatoes, required for the calculation of the amount of potato starch, shall be determined by the starch producer at the specified delivery time and place as follows:

177.1. gross weight of potatoes for each cargo shall be determined during delivery time by comparing the weight of a loaded and empty vehicle;

177.2. net weight of potatoes shall be determined by taking samples during acceptance of potatoes. Prior to weighing an empty vehicle, the remains of soil shall be removed from the vehicle. In order to determine the weight, the weight of the sample shall be at least 20 kilograms. Tubers shall be washed, foreign particles shall be removed and weighing shall be repeated. The registered weight shall be reduced by two per cent, taking into account the amount of water absorbed while washing tubers. The obtained overall reduction shall be applied to 1000 kilograms of potatoes.

178. The starch producer and farmer (potato supplier) shall sign the document certifying acceptance of potatoes in three copies. One copy of the certificate shall be issued to the farmer at the moment of delivering potatoes, the other copy shall be submitted by the starch producer to the Rural Support Service by 1 December of the current year, whereas the third shall be kept by the starch producer.

179. The certificate of potato acceptance shall include at least the following information:

179.1. delivery date;

179.2. number of the certificate;

179.3. number of the cultivation contract;

179.4. name or trading name and address of the potato cultivator;

179.5. weight of the vehicle after arrival at the delivery place specified by the starch producer;

179.6. weight of the vehicle after unloading and removal of the remains of soil;

179.7. gross weight of the delivered cargo;

178.8. reduction of gross weight of the delivered cargo in per cent, taking into account the weight of foreign particles and absorbed water at the moment of washing the potatoes;

179.9. reduction of gross weight of the delivered cargo due to the weight of foreign particles;

179.10. overall net weight of potatoes of the delivered cargo;

179.11. underwater weight of 5050 grams of potatoes;

179.12. signature of the cargo supplier and cargo receiver.

180. The rate of voluntary coupled support for starch potatoes in the respective year shall be calculated by dividing the maximum amount of support with the number of eligible starch potato hectares in the State in the current year in accordance with Article 53 (2) of Regulation No 639/2014.

181. The starch producer shall inform the Rural Support Service thereof within five working days prior to commencement of the season of starch potato acceptance and shall ensure access to the acceptance process and accounting information.

182. The Rural Support Service shall check the conformity of the area at the holding with Sub-paragraph 174.1 of this Regulation in accordance with Article 30 (e) of Regulation No 809/2014.

183. In order for the Rural Support Service to be able to ascertain the amount of starch potatoes supplied to the starch producer, the farmer, upon request, shall submit a copy of the document certifying starch potato acceptance and shall provide the Rural Support Service with access to the accounting information of the holding.

13.7. Voluntary Coupled Support for Certified Seed Potatoes

184. Voluntary coupled support for certified seed potatoes may be received, if:

184.1. prebase (PB), base (S, SE, E) or certified (A) category seed potatoes are sown in the respective area;

184.2. seed potato cultivation requirements are met in accordance with the laws and regulations regarding seed potato cultivation, including the acquisition of prebase (PB), base (S, SE, E) or certified (A, B) category seed;

184.3. overall eligible area of either one or several fields of seed potatoes is not smaller than one hectare and it is applied to receive the single area payment.

[15 March 2016]

185. The farmer shall, upon applying the area of seed potatoes for field inspection with the State Plant Protection Service, specify the field number and the number of field block in the seed growing field inspection application in conformity with the single application submitted to the Rural Support Service in accordance with Paragraph 132 of this Regulation.

185.¹ The area requested for voluntary coupled support for certified seed potatoes shall be an area that has been applied in the single application for the respective support and that has been applied for seed potato field inspection at the State Plant Protection Service.

[15 March 2016]

186. The area of seed potatoes which does not conform to the requirements laid down in the laws and regulations regarding seed potato cultivation, shall be regarded as such area of seed potatoes whereon non-conformity referred to in Article 19 of Regulation No 640/2014 has been established, therefore an administrative penalty shall be imposed, except if non-compliance has occurred due to force majeure or exceptional circumstances, in particular, if the latter is caused by a disease, pests and heavy weather. Upon establishing occurrence of force majeure or exceptional circumstances, the farmer shall take photographs to prove this and shall immediately inform the State Plant Protection Service to ensure inspection of the respective area.

187. The State Plant Protection Service shall check the conformity requirements referred to in Sub-paragraphs 184.1 and 184.2 of this Regulation at holdings.

188. The Rural Support Service shall create a sample selection in respect of voluntary coupled support for seed potatoes and a list of holdings subject to checking, and shall submit it to the State Plant Protection Service in accordance with Article 30 (e) and Article 34 of Regulation No 809/2014.

189. In accordance with Article 2 (2) and Article 41 (1) (a), (b), (e), (f), and (h) of Regulation No 809/2014, the State Plant Protection Service shall prepare a control report and shall submit information on seed growing areas listed below to the Rural Support Service by 15 May of the subsequent year:

189.1. seed growing areas where non-conformity has been established;

189.2. seed growing areas that conform to the quality requirements referred to in Sub-paragraphs 184.1 and 184.2 of this Regulation.

190. The rate of voluntary coupled support for certified seed potatoes in the respective year shall be calculated by dividing the maximum amount of support by the number of eligible seed potato hectares in the State in the current year in accordance with Article 53 (2) of Regulation No 639/2014.

13.8. Voluntary Coupled Support for Certified Seed of Grasses and Fodder Crops

191. Voluntary coupled support for certified seed of grasses and fodder crops may be received, if:

191.1. timothy grass, hybrid ryegrass, Italian ryegrass, red fescue, perennial ryegrass, tall fescue, smooth-stalk meadowgrass, cocksfoot, red clover, white clover, eastern galega, alfalafa, alsike clover, phacelia, birdsfoot trefoil, peas, vetches, field beans or lupine (sweet or yellow, white or narrow-leafed) are cultivated in the respective area;

191.2. the requirements in respect of grass and fodder crop seed growing are conformed to in accordance with the laws and regulations regarding fodder crop seed growing, including the acquisition of PB, B and C category seeds;

191.3. the overall eligible area of either one or several fields of the respective grass and fodder crops is not smaller than one hectare and it is applied to receive the single area payment;

191.4. the relevant area has not been applied for another voluntary coupled support in respect of areas.

192. The farmer shall, upon applying the area of grass and fodder crops for field inspection at the State Plant Protection Service, specify the field number and the number of field block in the seed growing field inspection application in conformity with the single application submitted to the Rural Support Service in accordance with Paragraph 132 of this Regulation.

192.¹ The area requested for voluntary coupled support for certified grass and fodder crop seeds shall be an area that has been applied in the single application for the respective support and that has been applied at the State Plant Protection Service for grass and fodder crop field inspection.

[15 March 2016]

193. The area of grass and fodder crops which does not conform to the requirements laid down in the laws and regulations regarding the seed growing of fodder crops, shall be regarded as such area whereon non-conformity referred to in Article 19 of Regulation No 640/2014 has been established, therefore, an administrative penalty shall be imposed, except if non-conformity has occurred due to force majeure or exceptional circumstances, in particular, if the latter is caused by a disease, pests and heavy weather. Upon establishing occurrence of force majeure or exceptional circumstances, the farmer shall take photographs to prove this and shall, without delay, inform the State Plant Protection Service to ensure inspection of the respective area.

194. The State Plant Protection Service shall check whether conformity with the requirements referred to in Sub-paragraphs 191.1 and 191.2 of this Regulation is ensured.

195. The Rural Support Service shall create sample selection in respect of voluntary coupled support for certified grass and fodder crop seeds and a list of holdings subject to checking, and shall submit it to the State Plant Protection Service in accordance with Article 30 (e) and Article 34 of Regulation No 809/2014.

196. In accordance with Article 2 (2) and Article 41 (1) (a), (b), (e), (f), and (h) of Regulation No 809/2014, the State Plant Protection Service shall prepare a control report and shall submit information on seed growing areas listed below to the Rural Support Service by 15 May of the subsequent year:

196.1. seed growing areas where non-conformity has been established;

196.2. seed growing areas that conform to the quality requirements referred to in Sub-paragraphs 191.1 and 191.2 of this Regulation.

197. The rate of voluntary coupled support for certified grass and fodder crop seeds in the respective year shall be calculated by dividing the maximum amount of support by the overall number of hectares occupied by the relevant plants in the State in accordance with Article 53 (2) of Regulation No 639/2014.

13.9. Voluntary Coupled Support for Certified Cereal Seeds

198. Voluntary coupled support for certified cereal seeds may be received, if:

198.1. wheat (Triticum aestivum L., Triticum spelta L.), rye (Secale cereale L.), triticale (Triticosecale Wittm), barley (Hordeum vulgare L.), oats (Avena sativa L., Avena byzantina K. Koch, Avena nuda L.), and buckwheat (Fagopyrum esculentum Moench) are cultivated in the respective area;

198.2. the requirements in respect of cereal seed growing are conformed to in accordance with the laws and regulations regarding cereal seed growing, including the acquisition of PB, B and C category seeds;

198.3. the overall area of one or several fields sown with cereal seeds which is occupied by crops referred to in this Paragraph is not less than one hectare and the latter has been applied for the single area payment;

198.4. the relevant area has not been applied for another voluntary coupled support in respect of areas.

199. The farmer shall, upon applying the area of cereal seeds for field inspection at the State Plant Protection Service, specify the field number and the number of field block in the seed growing field inspection application in accordance with the single application submitted to the Rural Support Service.

199.¹ The area requested for voluntary coupled support for certified cereal seeds shall be an area that has been applied in the single application for the respective support and that has been applied for cereal seed growing field inspection at the State Plant Protection Service.

[15 March 2016]

200. The area for growing of cereal seed which does not conform to the requirements laid down in the laws and regulations regarding the growing of cereal seed, shall be regarded as such area whereon non-conformity referred to in Article 19 of Regulation No 640/2014 has been established, therefore, an administrative penalty shall be imposed, except if non-conformity has occurred due to force majeure or exceptional circumstances, in particular, if the latter is caused by a disease, pests and heavy weather. Upon establishing occurrence of force majeure or exceptional circumstances, the farmer shall take photographs to prove this and shall, without delay, inform the State Plant Protection Service to ensure inspection of the respective area.

201. The State Plant Protection Service shall check whether conformity with the requirements referred to in Sub-paragraphs 198.1 and 198.2 of this Regulation is ensured.

202. The Rural Support Service shall create a sample selection in respect of voluntary coupled support for certified cereal seed and a selection of holdings subject to checking, and shall submit it to the State Plant Protection Service in accordance with Article 30 (e) and Article 34 of Regulation No 809/2014.

203. In accordance with Article 2 (2) and Article 41 (1) (a), (b), (e), (f), and (h) of Regulation No 809/2014, the State Plant Protection Service shall prepare a control report and shall submit information on seed growing areas listed below to the Rural Support Service by 15 May of the subsequent year:

203.1. seed growing areas where non-conformity has been established;

203.2. seed growing areas that conform to the quality requirements referred to in Sub-paragraphs 198.1 and 198.2 of this Regulation.

204. The rate of voluntary coupled support for certified cereal seeds in the respective year shall be calculated by dividing the maximum amount of support by the overall number of hectares occupied by the relevant plants in the State in accordance with Article 53 (2) of Regulation No 639/2014.

13.10. Voluntary Coupled Support for Barley

205. A farmer may receive voluntary coupled support for barley, if:

205.1. the overall eligible area of either one or several fields sown with barley is not smaller than one hectare and the latter has been applied for the single area payment;

205.2. the relevant area has not been applied for another voluntary coupled support in respect of areas.

206. The Rural Support Service shall check the requirements referred to in Paragraph 205 of this Regulation at the holding in accordance with Article 30 (e) of Regulation No 809/2014.

207. The rate of voluntary coupled support for barley in the respective year shall be calculated by dividing the maximum amount of support by the overall number of hectares occupied by barley in the State in accordance with Article 53 (2) of Regulation No 639/2014.

13.11. Voluntary Coupled Support for Spring Rape

208. Voluntary coupled support for spring rape (Brassica napus subsp. napus f. annua) may be received by a farmer, if the overall eligible area of one or several fields sown with spring rape is not smaller than one hectare and the latter has been applied for the single area payment.

209. Upon determining the eligible area of spring rape, a linear reduction shall be applied in accordance with Article 53 (3) of Regulation No 639/2014.

210. The Rural Support Service shall check the requirements referred to in Paragraph 208 of this Regulation at the holding and shall prepare a control report in accordance with Article 30 (e) of Regulation No 809/2014.

211. The rate of voluntary coupled support for spring rape in the respective year shall be calculated by dividing the maximum amount of support by the number of eligible spring rape hectares in the State in the current year in accordance with Article 53 (2) of Regulation No 639/2014.

[27 October 2015]

212. [27 October 2015]

13.12. Voluntary Coupled Support for Vegetables

213. A farmer may receive voluntary coupled support for vegetables, if:

213.1. tomatoes, onions, shallots, garlic, leek, white cabbage, cauliflower, other cabbage (except fodder kale), kohlrabi, carrots, turnip, rutabaga swede, beets, mangold (Beta vulgaris), celery, radish, black radish, parsley, parsnip, cucumber, gherkin, pumpkin, courgette, marrow, Pattypan squash, figleaf gourd (Cucurbita ficifolia), Cucurbita maxima, Cucurbita moschata, kidney beans or French beans, sorrel, rhubarb, spinach or horseradish are cultivated in the respective area;

213.2. the overall eligible area of either one or several fields occupied by vegetables referred to in Sub-paragraph 213.1 of this Regulation is not smaller than one hectare and the latter has been applied for the single area payment;

213.3. the relevant area has not been applied for another voluntary coupled support in respect of areas.

214. The Rural Support Service shall check the requirements referred to in Paragraph 213 of this Regulation at the holding and shall prepare a control report in accordance with Article 30 (e) of Regulation No 809/2014.

215. The rate of voluntary coupled support for vegetables in the respective year shall be calculated by dividing the maximum amount of support by the overall eligible area occupied by the relevant vegetables in the State in accordance with Article 53 (2) of Regulation No 639/2014.

13.13. Voluntary Coupled Support for Fruits and Berries

216. Voluntary coupled support for fruits and berries may be received, if:

216.1. grapes, apple trees, pear trees, Japanese quince, sea buckthorn, sweet and sour cherries, plums, rowan trees, strawberries, high bush blueberries, cranberries (Vaccinium macrocarpon), black currant, red and white currant, gooseberries, chokeberries, raspberries or blackberries are cultivated in the respective area;

216.2. the overall eligible area of either one or several fields occupied by fruit and berry plantations referred to in Sub-paragraph 216.1 of this Regulation is not smaller than one hectare and the latter has been applied for the single area payment.

217. The Rural Support Service shall check the requirements referred to in Paragraph 216 of this Regulation at the holding and shall prepare a control report in accordance with Article 30 (e) of Regulation No 809/2014.

218. The rate of voluntary coupled support for fruits and berries in the respective year shall be calculated by dividing the maximum amount of support by the overall eligible area occupied by fruit and berry plantations in the State in accordance with Article 53 (2) of Regulation No 639/2014.

14. Small Farmers Scheme

219. The small farmer scheme shall be applied in accordance with Title V of Regulation No 1307/2013.

220. The aid granted under the small farmers scheme to a farmer shall constitute 500 euro per year in accordance with Article 63 (1) (b) of Regulation No 1307/2013.

221. The farmer who wants to participate in the small farmers scheme, shall by 15 June 2015 submit to the Rural Support Service the single application, making a note therein regarding application for the payment under the small farmers scheme in accordance with Article 62 (1) of Regulation No 1307/2013 and Article 19 (1) of Regulation No 809/2014.

[28 April 2015; 15 March 2016]

222. In order to apply for the payment under the small farmers scheme in 2016 and subsequent years, the farmer who participates in the small farmers scheme and has submitted the single application referred to in Paragraph 221 of this Regulation, shall annually submit the single application thereby either confirming that the information specified in the single application of the previous year has not changed or specifying the relevant changes.

223. If the farmer wants to withdraw from the small farmers scheme, he or she shall inform the Rural Support Service thereof in written form.

224. If the farmer who participates in the small farmers scheme, wants to apply for the direct payments referred to in Sub-paragraphs 2.1, 2.2, 2.3 and Chapter 13 of this Regulation either in 2016 or subsequent years, he or she shall submit an application regarding withdrawal from the small farmers scheme together with the single application to the Rural Support Service by 22 May of the relevant year. If the farmer succeeds to do this within 25 days after 22 May, reduction of aid in accordance with Article 13 of Regulation No 640/2014 shall be applied.

[15 March 2016]

225. The farmer who applies for the participation in the small farmers scheme, shall submit a confirmation for participation in the small farmers scheme (Annex 15) together with the single application to the Rural Support Service by 15 June 2015, acknowledging that there are no artificially created conditions for obtaining advantages from the small farmers scheme.

[28 April 2015; 15 March 2016]

226. It shall be considered that after 18 October 2011 the farmer has not created artificial conditions for obtaining advantages from the payment under the small farmers scheme, if one of the following requirements applies:

226.1. an application for receipt of European Union direct payments was submitted to the Rural Support Service before 18 October 2011, and after the abovementioned date the eligible area of agricultural land has not decreased by more than 50 per cent;

226.2. the area of agricultural land declared in the single application in 2015, conforming to Article 32 of Regulation No 1307/2013, forms at least five hectares;

226.3. the total amount of direct payments referred to in Paragraph 2 of this Regulation, applied in the single application in 2015, except the payment under the small farmers scheme which the farmer is entitled to receive if he or she had not applied for the payment under the small farmers scheme, is at least 500 euro;

226.4. the holding agricultural land of which has been specified in the application for participation in the small farmers scheme, has been obtained as a result of sale or renting by taking over the entire holding instead of partial takeover, and the latter covers the units referred to in Article 4 (1) (b) of Regulation No 1307/2013;

226.5. the holding or its part agricultural land of which has been specified in the application for participation in the small farmers scheme, has been obtained by exercising the right of inheritance;

226.6. the holding has been established based on a judgement of a court.

[15 March 2016]

227. If the farmer does not comply with the conditions referred to in Paragraph 226 of this Regulation, he or she shall prove that agricultural activity is the purpose of establishing the holding and there are no artificial conditions for obtaining advantages from the small farmers scheme.

228. The Rural Support Service shall evaluate the information referred to in Paragraph 225 of this Regulation and shall inform the farmer regarding inclusion or refusal to include in the small farmers scheme by 1 May 2016.

[15 March 2016]

229. If additional information is required for the Rural Support Service to take the decision referred to in Paragraph 228 of this Regulation, the farmer shall submit this information within 21 days after receipt of the request.

230. If the farmer has provided false information and the latter is established:

230.1. prior to granting the payments for 2015, the farmer shall receive refusal to participate in the small farmers scheme;

230.2. during any of subsequent years after 2015, the farmer must return the entire amount of the payment received under the small farmers scheme and pay the interest specified in Article 7 of Regulation No 809/2014.

230.¹ The right to receive the payment under the small farmers scheme cannot be transferred to another person, except if the holding is taken over only by one person by inheriting it from the farmer who participates in the small farmers scheme, taking over all hectares of eligible agricultural land which are declared in 2015 in accordance with Article 36 (2) of Regulation No 1307/2013. The person, taking over the right to receive the payment under the small farmers scheme, shall submit an application in free form to the Rural Support Service regarding taking over of the right and a copy of the document confirming the heritage by presenting the master document.

[15 March 2016]

15. Transitional National Aid and Decoupled Transitional National Aid

15.1. General Provisions

231. The Rural Support Service shall publish the rates of transitional national aid referred to in Paragraphs 242, 245, and 248 of this Regulation in Latvijas Vēstnesis [the official Gazette of the Government of Latvia] by 1 November of the current year.

232. The aid referred to in Sub-paragraphs 3.1 and 3.2 of this Regulation may be received by a farmer who registers animals in the ownership thereof and provides information on a regular basis in accordance with the laws and regulations regarding the procedures for registration and marking of farming animals, as well as in accordance with Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97.

233. The aid referred to in Sub-paragraphs 3.3, 3.4, and 3.5 of this Regulation may be received by the farmer who:

233.1. complies with the conditions for receipt of the single area payment referred to in Sub-paragraph 2.1 of this Regulation;

233.2. submits the single application to the Rural Support Service by 22 May of the current year.

[15 March 2016]

233.¹ The maximum amount of transitional national aid and decoupled transitional national aid in 2015 has been determined in Annex 16.¹ to this Regulation.

[27 October 2015]

15.2. Transitional National Aid for Suckler Cows

234. Transitional national aid for suckler cows may be received:

234.1. for a suckler cow of a meat breed or a suckler cow born of a cross with a meat breed animal and belonging to a herd where calves are kept for meat production;

234.2. for a cow whose breed has not been specified in Annex 16 to this Regulation, if the cow is not milked, but used for nursing calves;

234.3. for a heifer from the age of eight months, without previous calving.

235. Transitional national aid for suckler cows may be received, if the requirements referred to in Paragraph 232 of this Regulation are conformed to and the following conditions are fulfilled:

235.1. prior to submitting the application referred to in Sub-paragraph 235.2 of this Regulation to the Rural Support Service, the farmer shall declare cows and heifers referred to in Paragraph 234 of this Regulation to the Agricultural Data Centre as suckler cows, whereas heifers - as potential suckler cows;

235.2. qualifying for receipt of the payment for cows and heifers referred to in Paragraph 234 of this Regulation, the farmer shall submit an application (Annex 17) to the Rural Support Service from 15 May to 15 November of the current year;

235.3. the number of suckler cows specified in the application referred to in Sub-paragraph 235.2 of this Regulation is not below 60 per cent of the total number of animals applied for the payment in the respective year (total number of animals is formed by suckler cows and heifers referred to in Paragraph 235 of this Regulation). Heifers applied for receipt of payment shall not exceed 40 per cent of the total number of animals applied for receipt of payment;

235.4. the farmer preserves the number of animals referred to in Sub-paragraph 235.3 of this Regulation and the proportion thereof in the herd at least for a time period of six months after submitting the application referred to in Sub-paragraph 235.2 of this Regulation.

236. If within the time period referred in Sub-paragraph 235.4 of this Regulation circumstances arise due to which it is necessary to replace any of the animals in the herd of the farmer referred to in the application, such animal shall be replaced by an animal conforming to the conditions referred to in Paragraph 234 of this Regulation within 20 days after occurrence of the abovementioned circumstances. The farmer shall update the application and submit it to the Rural Support Service within seven days after replacement of the animal.

237. Animals in a mixed herd (including dairy cows and suckler cows) eligible for receipt of the payment referred to in Paragraph 234 of this Regulation shall be determined by the Agricultural Data Centre, using information on:

237.1. the number of dairy cows and suckler cows in the herd according to the situation on 31 December of the current year, if the farmer applies for the payment referred in Paragraph 234 of this Regulation in the relevant year;

237.2. the quotas of marketed milk in the previous quota year;

237.3. the average milk yield in the herd under supervision in the relevant year of supervision. If such information is not available, the milk yield indicator - 4796 kilograms - shall be used.

238. If the farmer applies for transitional national aid for suckler cows in the relevant year, the Agricultural Data Centre, taking into account the information referred in Paragraph 237 of this Regulation, shall use the following methodology for calculation:

238.1. the number of milking cows necessary for the marketed milk amount shall be determined by calculating the ratio of the marketed milk to the average milk yield indicator (the indicator in the relevant year of supervision for the herds under supervision, for the remainder - the milk yield indicator (4796 kilograms);

238.2. the number of suckler cows for which payments may be received, in a mixed herd (dairy cows and suckler cows) shall be determined by calculating the difference in the total number of cows and the number of dairy cows necessary for implementing the quota of marketed milk.

238.¹ The aid rate in the respective year shall be calculated by dividing the maximum amount of aid by the quantity of suckler cows, thereby granting the right to receive aid in the respective year.

[27 October 2015]

15.3. Transitional National Aid for Ewes

239. Transitional national aid for ewes may be received, if the requirements referred to in Paragraph 232 of this Regulation are conformed to and the following conditions are fulfilled:

239.1. according to the situation on 1 July of the current year, a herd consists of not less than 10 ewes which according to the data of the Agricultural Data Centre have lambed once or are older than one year;

239.2. the farmer, by 15 July of the current year, submits to the Rural Support Service an application (Annex 18) regarding the number of ewes on 1 July;

239.3. the farmer retains in the herd the animals specified in the application referred to in Sub-paragraph 239.2 of this Regulation for at least 100 days counting from 16 July of the current year.

240. If within the time period referred to in Sub-paragraph 239.3 of this Regulation circumstances arise due to which it is necessary to replace any of the animals in the herd of the farmer referred to in the application, such animal shall be replaced by an ewe that has lambed once or is older than one year, within 10 days after occurrence of the abovementioned circumstances. The farmer shall update the application and submit it to the Rural Support Service within five days after replacement of the animal.

240.¹ The aid rate in the respective year shall be calculated by dividing the maximum amount of aid by the quantity of ewes, thereby granting the right to receive aid in the respective year.

[27 October 2015]

15.4. Decoupled Transitional National Aid for Areas

241. Decoupled transitional national aid for areas may be received by a farmer for the number of hectares that:

241.1. are approved as conforming to decoupled transitional national aid for areas in 2006;

241.2. are determined in the potato cultivation contract with a starch producer in 2006.

242. The rate of decoupled transitional national aid for areas in the current year shall be calculated by the Rural Support Service by 16 October of the current year, using the following formula:

M_area - the rate of decoupled transitional national aid for areas (EUR/ha);

N_area- the maximum amount of decoupled transitional national aid for areas in the relevant year (EUR);

Q_area - the total number of justified hectares in the State in accordance with Paragraph 241 of this Regulation.

243. If the number of hectares on the holding that conforms to the conditions for the receipt of a single area payment in the current year is less than the number of hectares specified in Paragraph 241 of this Regulation, the farmer shall receive decoupled transitional national aid for areas for that number of hectares which conforms to the conditions for the receipt of a single area payment.

15.5. Decoupled Transitional National Aid for Arable Crop Areas

244. Decoupled transitional national aid for arable crop areas may be received by a farmer for the number of hectares that has been approved as conforming to decoupled transitional national aid for arable crop areas in 2009.

245. The rate of decoupled transitional national aid for arable crop areas in the current year shall be calculated by the Rural Support Service by 16 October of the current year, using the following formula:

M_area - the rate of decoupled transitional national aid for arable crop areas (EUR/ha);

N_area- the total maximum amount of decoupled transitional national aid for arable crop areas in the relevant year (EUR);

Q_area - the total number of justified hectares in the State in accordance with Paragraph 244 of this Regulation.

246. If the number of hectares on the holding that conforms to the conditions for the receipt of a single area payment in the current year is less than the number of hectares specified in Paragraph 244 of this Regulation, the farmer shall receive decoupled transitional national aid for arable crop areas for that number of hectares which conforms to the conditions for the receipt of a single area payment.

15.6. Decoupled Transitional National Aid for Potato Starch

247. Decoupled transitional national aid for potato starch may be received by a farmer for such amount of potato starch in tonnes which has been approved as conforming to complementary national direct payment for potato starch in 2011.

248. The rate of decoupled transitional national aid for potato starch in the current year shall be calculated by the Rural Support Service by 16 October of the current year, using the following formula:

M_tonne - the rate of decoupled transitional national aid for potato starch (EUR/tonne);

N _tonne - the total maximum amount of decoupled transitional national aid for potato starch in the relevant year (EUR);

Q _tonne - the total amount of potato starch in the State conforming to the payment in accordance with Paragraph 247 of this Regulation.

16. Closing Provisions

249. Cabinet Regulation No. 139 of 12 March 2013, Procedures by which State and European Union Support is Granted to Agriculture in the Framework of Direct Support Schemes (Latvijas Vēstnesis, 2013, No. 65; 2014, No. 65, 174), is repealed.

250. In 2015, the conditions of Article 45 of Regulation No 1307/2013 shall apply to those protected environmentally sensitive grassland areas that have been cartographically identified in the map of field blocks of the field block identification system of the Rural Support Service according to the situation on 1 March 2015.

251. [15 March 2016]

252. The amount of supply quotas for a farmer who has submitted an application to the Rural Support Service for the receipt of special aid for milk in 2013/2014 quota year (from 1 April 2013 to 31 March 2014) in accordance with Cabinet Regulation No. 139 of 12 March 2013, Procedures by which State and European Union Support is Granted to Agriculture in the Framework of Direct Support Schemes, shall be determined after adjustment.

[28 April 2015]

Prime Minister Laimdota Straujuma

Minister for Agriculture Jānis Dūklavs

Translation © 2017 Valsts valodas centrs (State Language Centre)