Decree No. 129 / 2012 Coll.
Ordonnance on the details of the marketing of seed and seed of cultivated plants
Valid
Effective from 18.04.2012
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129
DECLARATION
of 4 April 2012
on the details of the putting into circulation of seed and planting plants
The Ministry of Agriculture provides, pursuant to § 3 (11), § 3a (11), § 3b (7), § 3c (5), § 4 (15), § 5 (8), § 6 (8), § 6a (7), § 7 (6), § 7a (5), § 8 (3), § 12 (8), § 12a (4), § 12b (6), § 13 (6), § 14 (6), § 15 (6), § 16 (11), § 17 (14), § 18 (12), § 19 (15), § 19 (6) and § 22 (10) of Act No 219 / 2003 Coll., on the circulation of seed and plant grown plants and amending certain laws (Law on the circulation of seed and seed and seed):
Preliminary provisions
This decree incorporates the relevant provisions of the European Union1) and provides for details of the marketing of seed and planting plants.
Requirements for the putting into circulation of propagating material
[Articles 3 (2), 5 to 8 and 11, 3f (2), 7 (6) and 15 (6) of the Law]
(1) The requirements for the characteristics of propagating material put into circulation pursuant to Article 3 (2) of the Act are set out for each species in Sections V, 2, 7 and 23 and in Sections V, 2 and 3 of Annex No 1, 3 to 6 and 8 to this Decree.
(2) Where propagating material put into circulation under Article 3 (2) of the Act contains an ingredient of a genetically modified organism authorised for cultivation in the European Union, such seed shall be referred to as "GMO '. A maximum statistical tolerance of 0,1% is permitted for the result of the control test.
(3) The limit values for the presence of harmful organisms are set out in Parts V, 3, 3 to 6 and 8 of this Decree.
(4) Specifications of the categories of propagating material and the maximum number of generations allowed
(a) pre-stage propagating material also manufactured from pre-stage propagating material;
(b) basic propagating material manufactured from basic propagating material;
(c) certified propagating material manufactured from certified propagating material;
are listed for each species in Parts II of Annexes 1 to 8 and 23 to this Decree.
Placing in circulation seed of varieties not officially registered
[Articles 3a (4), (7) and (11) of the Law]
(1) The quantity of seed of an officially unregistered variety authorised for one variety may not exceed a fixed percentage of the quantity of seed of that agricultural species used annually for sowing on agricultural land in the Czech Republic, which is:
(a) 0,3% for wheat, spelt, barley, oats, peas and field beans;
(b) 0,05% for durum wheat,
(c) 0,1% for other species except vegetable species.
The Central Audit and Examination Institute of the Agricultural Institute (hereinafter referred to as the Institute) controls the quantity and quality of seed put into circulation in accordance with Section 3a of the Act and its use. The inspection shall also include checking the labelling by the prescribed labels.
(2) If the quantities referred to in paragraph 1 are not sufficient for sowing to an area of 10 ha, the Institute shall authorise the quantity needed to sown that area.
(3) No quantity is fixed for vegetable seed.
(4) The seed of the varieties not officially entered into circulation shall comply with the requirements for the characteristics of certified propagating material referred to in Sections 2 of Parts V of Annexes 1 to 6 and 8 to this Regulation and in Part V of Annex 7 thereto.
(5) The application for authorisation or renewal of the authorisation to put into circulation seed of an officially unregistered variety shall be submitted on a form the specimen of which appears in Annex 9 to this Order. The application for renewal shall be accompanied by the following documents:
(a) a copy of the original authorisation;
(b) further information to describe the variety, the maintenance of the variety, the cultivation or use of the variety which was not part of the original authorisation;
(c) proof that tests are still under way to register the variety.
Placing in circulation seed of conservation varieties
[K § 3b (7) of the Act]
(1) The quantity of seed to be kept for the conservation of the variety in its region of origin pursuant to Article 3b (2) of the Act is that quantity which is required to produce at least the quantity of seed referred to in paragraphs 2 and 4.
(2) The quantity of seed of each conservation variety of agricultural species put into circulation shall not exceed the following percentages of the quantity of seed of the same species used in the Czech Republic during a single growing season or shall not exceed the quantity needed to sown the area of 100 hectares, whichever is greater. The percentages shall be as follows:
(a) 0,3% for field peas, wheat seed, durum wheat, spelt wheat, barley, maize, potatoes, rape and sunflower; and
(b) 0,5% for other species.
(3) The total quantity of seed of all conservation varieties of one species for agricultural species which may be put into circulation in the Czech Republic may not exceed 10% of the quantity of seed of the same species used in the Czech Republic during one year or exceed the quantity needed to sown the area of 100 hectares, whichever is greater.
(4) The quantity of seed of each conservation variety of vegetable species put into circulation per year may not exceed the quantity of seed required for vegetable production per area
(a) 40 hectares for onions, echalion, broccoli, kale, Brussels sprouts, Brussels sprouts, kohlrabi, cauliflowers, sauerkraut, red cabbage, turnip grenadier, kohlrabi, paprika, head chicory, chicory for pucks, industrial chicory, sugar melon, large fruit gourd, cardoon, carrots, hearth carrot, lettuce, tomato, basil, common shrub bean, wood peas, round peas, sugar peas, field beans,
(b) 20 hectares for shallots, leeks, garlic, salad beet, chard, watermelon, cucumber, pickling cucumber, gourd, fennel, eggplant, spinach, or
(c) 10 hectares for onions, fillet, chervil, celery, celery, celery, asparagus, curled endives, escariol, parsley, quail, radish, radish, radish, radish, rind, black root, lamb's lettuce, sweetcorn and pecan maize.
(5) The Institute shall carry out a follow-up check on the varietal identity and purity of the seed of the conservation variety put into circulation by a growing test to the extent of at least 5% of the seed lots put into circulation.
Placing in circulation seed of varieties developed for cultivation under special conditions
[Paragraph 3c (5) of the Law]
(1) The maximum net weight of the small package shall be:
(a) 250 grams for scarlet beans, shrub beans, wood peas, round peas, sugar peas, garden peas, spinach, sweetcorn, pecan maize,
(b) 25 grams for onions, echalion, shallot, onion, leek, garlic, kerbil, beetroot, chard, vodka, Chinese cabbage, cucumber, cucumber, cucumber, turnip, gourd, carrots, carrots, fodder, salad, parsley, radish, radish, radish, black root, goat lettuce, or
(c) 5 grams for celeriac, celeriac, celery, asparagus, broccoli, kale, Brussels sprouts, Brussels sprouts, kohlrabi, cauliflower, head cabbage, red cabbage, red cabbage, paprika, curled endives, escariol, chicory, chicory for pucks, industrial chicory, watermelon, sweetcorn, artichoke, carada, tomato, fennel, rice and eggplant.
(2) The Institute shall carry out a subsequent check of the varietal identity and varietal purity of seed of a variety developed for cultivation under specific conditions put into circulation by a growing test to the extent of at least 5%.
Placing in the circulation of organic heterogeneous propagating material
[K § 3e (5) of the Act]
(1) The propagating material of organic heterogeneous material must be free from all harmful organisms which reduce the use value and quality of the propagating material. The propagating material shall also comply with the requirements concerning quarantine harmful organisms (hereinafter referred to as "KŠO ') for the European Union, regulated non-quarantine harmful organisms of the European Union (hereinafter referred to as" RNŠO') and, where applicable, KŠO for protected zones set out in the implementing acts adopted pursuant to Regulation (EU) 2016 / 2031 of the European Parliament and of the Council, as amended.
(2) The propagating material of organic heterogeneous material must satisfy, as regards germination, purity and health status of seed or the quality and health of seed potatoes and vegetable seedlings, with the exception of varietal purity and varietal identity requirements,
(a) in the case of seed of cereals, fodder crops, oil plants, fibre plants and beet, the requirements for seed in the category of certified propagating material of the last generation authorised, listed in Annexes 1 to 6 thereto;
(b) in the case of seed potatoes, the requirements for seed potatoes in the category of certified propagating material of the last authorised generation as set out in Annex 7 to this Decree;
(c) in the case of vegetable seed, the requirements for vegetable seed in the category of standard seed referred to in Annex 8 thereto,
(d) in the case of vegetable seedlings, the requirements for vegetable seedlings set out in Annex 14 thereto.
(3) The seed of organic heterogeneous material may be put into circulation even if it does not comply with the germination requirement. In that case, the supplier shall indicate the actual germination capacity of the seed on the label of the seed packaging or on the seed packaging.
Recognition procedure
[Articles 4 (7), 5 (8) and 7 (6) of the Law]
(1) Applications for the recognition of crops and seeds shall be submitted on forms the models of which are published on the Institute's website.
(2) The application for recognition of the crop shall be submitted annually:
(a) by 31 March for:
1. the winter forms of the agricultural species Brassica (excluding rape),
2. winter forms of vetch, pannonian and hairy, winter forms of field peas,
3. clover and grass of the first cleft (except one-year-old clay),
4. lettuce and spinach in autumn,
(b) by 15 April for the spring form of rape,
(c) until 30 April for:
1. spring form of field peas, garden peas, lentils, chickpeas,
2. winter cereals - barley, wheat, rye, triticale,
3. Spring forms of oil seeds (excluding rape),
4. Chives, radish, radish, salad, spinach in spring, seeds of two-year-old vegetables, seed of winter sprouts, Peking cabbage,
5. fast vegetables - seeds,
(d) until 10 May for:
1. spring cereals, bundles,
2. field beans, vetches, lupins,
3. seeds of seeds of copanin,
4.
5. aniseed, fennel, cumin, coriander, camomile, islet,
6. broccoli, onion seed, garlic, spear, cauliflower, cucumbers, parsnips and greenhouses, goat lettuce, cress,
(e) before 20 May for:
1. potatoes,
2. One-year-old clay,
3. corn, millet, buckwheat, sorghum, bere,
(f) until 10 June for:
1. field and garden beans, soya, sunflower,
2. clover of nacho seed in spring, grass from second blade, one-year fodder,
3rd eggplant, marjoram, field cucumber, paprika, patisson, tomato, gravel, gourd, melon,
(g) until 20 June for second-cut clover;
(h) until 31 July for the second sowing of millet, béra, sorghum and buckwheat,
(i) until 20 August for onions, seedlings of other vegetables and seed copanins,
(j) until 30 September for osium rape,
(k) until 30 November for sugar beet crops from the pre-grown tariff.
(3) Where the cultivation technology or the climatic conditions of the site require the inspection to be carried out within a different period than usual, the supplier shall inform the Institute of this fact no later than 1 month before the expected date of the inspection.
(4) The models of the documents issued in the recognition procedure by the Institute or by a person authorised are set out in Annex 10 to this Decree.
Recognition of seed harvested in another Member State or in a third country which has been granted equivalence for that species
[Paragraph 4 (10), (13) and (14) of the Act]
(1) For the certification of seed harvested in another Member State or in a third country which has been granted equivalence for the species in question, the Institute shall verify that a seed inspection has been carried out which complies with the requirements laid down in European Union rules by submitting an official document for seed with an uncompleted certification, which shall contain data comparable to those provided for in Article 9 (1) of this Regulation.
(2) In the case of seed harvested in another Member State or in a third country which has been granted equivalence for that species, official examinations shall verify that it complies with the seed characteristics requirements set out in Parts V of Annexes 1 to 6 and 8 thereto.
(3) The seed of agricultural species and vegetables with the exception of potatoes may be recognised in the categories of basic propagating material and certified propagating material and in the categories of certified propagating material only in the category of certified propagating material under Section 4 (13) of the Act.
Recognition of crops
[K § 3f (2), § 5 (1), (5) and (8) and § 7 (6) of the Act]
(1) In order to verify the origin of propagating material pursuant to Section 5 (1) (i) of the Act, the supplier shall, when applying for the recognition of the propagation crop:
(a) proof of certification of seed used for the establishment of the crop, including seed from another Member State; or
(b) for multi-annual species in the second and, where appropriate, in the following year:
1. proof of recognition of the crop from the previous growing season; or
2. proof of non-recognition of the propagation crop from the previous growing season, provided that the reason for non-recognition of the propagation crop was not that the variety was authentic or pure;
(c) an internationally valid document or, where applicable, an opinion of the Institute, issued on the basis of an inspection carried out by the Institute on propagating material imported under Article 18 of the Act; or
(d) a declaration by the breeder or breeder of the variety where the crop is based on breeding material.
(2) The documents referred to in paragraph 1 (a) and (b) or the opinion referred to in point (c) may be replaced by their number in the application.
(3) Requirements for the characteristics of the seed crops are set out in Parts III and IV of Annexes 1 to 8 and 23 to this Decree for each species. The crop must be practically free from all harmful organisms which reduce the use value and quality of the seed. The crop shall also comply with the requirements relating to the KSO for the European Union, the RNSO and, where applicable, the KSO for protected zones laid down in the implementing acts of the European Union adopted pursuant to Regulation (EU) 2016 / 2031 of the European Parliament and of the Council, in its version 5, as amended. The characteristics of the propagation crops evaluated during the crop show, which are entered in the records of the crop show, the models of which are published on the Institute's website, are:
(a) a sequence of pre-crops on land in previous years;
(b) the minimum distance from the crop of the same or related species which could otherwise endanger the propagation crop by extraneous dusting, transmission of diseases;
(c) the minimum distance to avoid mechanical additives of other species and varieties,
(d) the total state of the propagation crop, the assessment of balance, involvement, the overall appearance of the plants and, where appropriate, the degree of lodging;
(e) the maximum authorised number of plants of other species, of other varieties or of clearly divergent types, of weeds and of other additives;
(f) the maximum permitted number of plants infected by harmful organisms.
(4) The tests necessary to determine the characteristics of the propagation crops and, where applicable, the limits of these characteristics are given in Part III, Section 4, Table 3.4b of Annex 7 to this Decree.
(5) The requirements concerning the properties of the land and the properties of the land on which the crop and propagating material are grown are set out in Section 1 of Part III of Annex 7 to this Decree.
(6) The method of determining the number of the propagation crop, the number of the lot of propagating material and the specific units of weight and area used for each plant species are set out in Annex 11 to this Decree.
(7) The dates and number of crop shows for each species are set out in Sections 1 of Part III of Annexes 1 to 8 and 23 to this Decree.
Recognition of propagating material
[K § 3 (11), § 3f (2), § 6 (4), (5) and (8) and § 7 (6) of the Act]
(1) The list and extent of official tests necessary to determine the characteristics of propagating material for each species are set out in Parts V, Section 1 of Annexes 1 to 6, 8 and 23 to this Decree.
(2) The requirements for the characteristics of propagating material are set out in Parts V of Annexes 1 to 8 and 23 to this Decree for each species. The seed shall be free from all harmful organisms which reduce the use value and quality of the seed. The seed shall also comply with the requirements concerning the KSO for the European Union, the RNSO and, where applicable, the KSO for the protected zones laid down in the implementing acts adopted pursuant to Regulation (EU) 2016 / 2031 of the European Parliament and of the Council, in its version 5), and the measures adopted pursuant to Article 30 (1) of Regulation (EU) 2016 / 2031 of the European Parliament and of the Council, as amended.
(3) The seed must not contain live stock pests listed in Annex 12 to this Decree.
(4) Records pursuant to § 7 (1) of the Act are kept by the supplier
(a) in paper form on seed production records and stock cards the model of which is published on the Institute's website and which contain at least the particulars referred to in paragraphs 5 and 6; or
(b) in electronic form, provided that the printed reports contain at least the particulars referred to in paragraphs 5 and 6 and are submitted by the supplier to the Institute on request for inspection.
(5) The records referred to in Article 7 (1) of the Act on the production register form shall contain at least the following information:
(a) the serial record sheet number;
(b) the harvest year;
(c) species,
(d) variety,
(e) categories and generations;
(f) identification of the propagator;
(g) crop number,
(h) the area applied for in hectares;
(i) recognised area of the crop in hectares;
(j) the unrecognised area of the propagation crop in hectares if the propagation crop has not been recognised;
(k) an estimate of yield in tonnes;
(l) the quantity of seed harvested in tonnes;
(m) the date of delivery at the seed cleaning plant, including the quantity delivered in tonnes and the number of the receipt document;
(n) the quantity of pure seed in tonnes;
(o) the quantity of seed cleaning waste in tonnes;
(p) the indication of seed pickling, including the preparation used for seed pickling, where seed has been pickled,
(q) lot number,
(r) label numbers,
(s) weight of lot in tonnes;
(t) the date of sampling;
(u) the stamp and signature of the samples,
(v) the date of completion of the recognition procedure;
(w) the number of the recognition certificate;
(x) the category and generation in which the seed has been certified,
(y) the quantity of certified seed in tonnes;
(z) the number of the decision not to recognise the seed if the seed has not been certified.
(6) The records referred to in Article 7 (1) of the Act on the production register form shall contain at least the following information in addition to the information referred to in paragraph 5:
(a) the quantity of seed not recognised, where the seed has not been certified,
(b) the designation "Specified for organic farming" as regards seed intended for organic farming;
(c) the designation "It comes from genetically modified material" as regards seed derived from genetically modified material;
(d) the designation "Use of a lower isolation distance - seed may not be used until propagation" as regards grass, clover, leguminous plants and other fodder crops for which a lower isolation distance has been used and thus cannot be used until further propagation,
(e) the designation "Propagating according to OECD schemes" as regards seed propagated under the schemes of the Organisation for Economic Cooperation and Development for the certification of seeds in international trade;
(f) the designation "putting into circulation before the completion of the official germination test" as regards seed under Section 8 of the Act;
(g) the indication "Pre-propagation" as regards seed of a variety in respect of which a variety registration procedure is under way;
(h) the designation "Egallization of seed" as regards a lot of seed which has undergone egalisation under Article 6a of the Act;
(i) the designation "Seed with unfinished certification" as regards seed under Section 7a of the Act or seed harvested in another Member State or in a third country to be recognised in the Czech Republic.
(7) The records referred to in Article 7 (1) of the Act on the stock card form shall contain at least the following information:
(a) species,
(b) variety,
(c) categories and generations;
(d) the lot number,
(e) the number of the foreign lot as regards seed originating in another Member State or third country;
(f) identification of the propagator;
(g) identification of the supplier;
(h) the results of laboratory tests for purity, moisture, germination, the content of the ingredient of cultural species, the content of the ingredient of weeds, the weight of a million germination seeds, the date of sampling,
(i) the number of the certificate, the date of issue;
(j) the date of purchase of the propagating material, the number of the receipt document;
(k) indication of seed pickling, including the preparation used for seed pickling, where seed has been pickled;
(l) particulars of the type of packaging, for each type of packaging the number of packages, the weight of one package, the weight of all packages of one type in total in tonnes,
(m) the weight of the whole lot in tonnes;
(n) the date of entry into storage, the total weight of the material in storage,
(o) for each consignment of part of a lot or whole lot, the date, the number of the document, the name of the customer, the weight of the material in tonnes and the balance of the material in tonnes,
(p) the type and extent of defects detected, where a defect is detected;
(q) information on the prolongation of the certification of seed lots containing the year of prolongation and the number of the certification certificate for seed with prolongation of recognition;
(r) the designation "Specified for organic farming" as regards seed intended for organic farming;
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Regulation Information
| Citation | Decree No. 129 / 2012 Coll., on the details of the placing into circulation of seed and planting plants |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.04.2012 |
|---|---|
| Effective from | 18.04.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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