Decree No. 132 / 2014 Coll.

Decree on the protection and reproduction of the gene pool of forest trees

Valid Effective from 01.08.2014
132
DECLARATION
of 14 July 2014
on the protection and reproduction of the gene pool of forest trees
According to Article 39 (1) of Act No. 149 / 2003 Coll., on the putting into circulation of forest reproductive material of forest important species and artificial cross-breeds intended for forest renewal and afforestation and on the amendment of certain related laws (Act on trade in forest reproductive material), as amended by Act No. 232 / 2013 Coll., ("the Act '):
§ 1
Subject matter
This decree sets out the model of the application for the inclusion of a genetic resource of forest trees in the National Programme, the manner and extent of the evaluation of genetic resources of forest trees in the seed bank and explantations bank, the content and rules of the documentation on genetic resources of forest trees, the scope of the identification data referred to in Section 2h (1) of the Act and the details of the provision of samples of genetic resources of forest trees and the size of such samples.
§ 2
Application for inclusion of a genetic resource of forest trees in the National Programme
(K § 2c (3) of the Act)
The model of the application for the inclusion of a genetic resource of forest trees in the National Programme is set out in Annex 1 to this Decree.
Method and scope of evaluation of genetic resources of forest trees in the seed and explantations bank
(K § 2f (3) of the Act)
§ 3
(1) The evaluation of each seed section shall be carried out prior to the deposit of each section in the seed and explantations bank and at regular intervals for each species of forest species in the National Programme. Prior to the deposit of the seed section in the seed bank and the explantations, the basic qualitative parameters shall be evaluated, namely germination or viability, in the case of the assessment of germination energy germination, number of germination or viable seeds, purity, weight of 1 000 pure seeds in grams. For seed sections stored and reproduced in a seed and explantations bank, germination or viability shall be assessed, in the case of an energy germination evaluation.
(2) The evaluation of the individual sections of the explantations stored and reproduced in the seed and explantations bank shall be carried out once a year. For organogenous explantations, their vitality shall be assessed on the basis of the colour of the leaves, the size of the retained explantation and any contamination of the explantation. In the case of embryogenic explantations, the size, nature of the embryogenic tissue, given by the colour and texture of the tissue and possible contamination of the explantation, shall be monitored. For cryopreserved explantations, standardised conditions of cryoconservation shall be monitored and their regenerative capacity shall be assessed every 10 years.
§ 4
(1) The designated person's assessment report shall include:
(a) an overview of the sections stored and reproduced in the seed and explantations bank and their characteristics, the size of the sections, the structure of the stocks and the quality assessment of the sections;
(b) details of the provision of samples from the seed bank and the explantations;
(c) a description of the work carried out to store and reproduce genetic resources of forest trees in the seed and explantations bank in the relevant calendar year;
(d) an assessment of the appropriateness of the further deposit of sections in the seed bank and explantations, depending on the evaluation referred to in paragraphs 2 and 3;
(e) information on the financial costs associated with the conservation and reproduction of genetic resources of forest trees in the seed and explantations bank; and
(f) information on the international cooperation of the seed bank and the explantations.
(2) Minimum germination or viability requirements for pure full seeds stored and reproduced in the seed and explantations bank are set out in the National Programme.
(3) The minimum size of seed compartments stored and reproduced in the seed bank and explantations corresponds to the minimum size of the samples referred to in Article 7 (2).
(4) The minimum size of sections of explantations stored and reproduced in the seed and explantations bank is three. The size of an explantation stored and reproduced in a seed bank and explantations is given by one or more apical peaks and three or more apical peaks for organogenous explantations in the induction phase. For embryogenic explantations, at least 0,5 cm2 per culture is determined.
§ 5
Content and rules of management of documentation on genetic resources of forest trees
(K § 2g (5) of the Act)
(1) Documentation on the genetic resources of forest trees included in the National Programme contains data indicating:
(a) the owner of the genetic resource of forest trees; for natural persons, his name and surname, date of birth, business name, person identification number, if assigned, address of place of residence or place of business, if different from the place of permanent residence, and supplier's registration number, if assigned; for legal persons, the name, address, person identification number and supplier's registration number, if any,
(b) the type of genetic resource of forest trees;
(c) the Czech and scientific names of the wood;
(d) the registration number of the genetic source of forest trees; for gene bases it is the same as the registration number of the gene base given in the central register under § 2i (2) of the Act, for other genetic resources of forest trees it is the same as the registration number of the recognised unit under § 12 (1) of the Act,
(e) the number of the certificate of origin provided for in Article 6 of the Act, if issued,
(f) the number of the movement certificate provided for in Article 8 of the Act, if issued, and
(g) details of the provision of samples of genetic resources of forest trees pursuant to Section 2h (5) of the Act, which may be replaced by the retention of individual accompanying documents or individual certificates of origin relating to the samples of genetic resources of forest trees provided.
(2) The documentation on the sections of forest wood seed stored in the seed and explantations bank under Section 2f of the law managed by a designated person (1) contains, in addition to the information referred to in paragraph 1, information on:
(a) the date of deposit;
(b) stock structure and conditions of storage, in particular temperature and humidity;
(c) evaluation and inventory pursuant to Articles 3 (1) and 4 (1) and (2); and
(d) international cooperation.
(3) In addition to the information referred to in paragraph 1, the documentation on the sections of forest forest explantations deposited in the seed bank and explantations referred to in Article 2f of the law kept by the designated person shall include information on:
(a) the date of deposit;
(b) stock structure and conditions of storage;
(c) regeneration, in particular its date and manner;
(d) evaluation and inventory pursuant to Articles 3 (2) and 4 (1); and
(e) international cooperation.
Scope of identification data and provision of samples of forest genetic resources
(K § 2h (6) of the Act)
§ 6
(1) Designated person requesting a sample of the genetic source of forest trees
(a) in order to store and reproduce a genetic resource of forest trees in a seed bank and explantations bank, it shall send an application to a participant in a national programme that owns a genetic resource of forest trees; a copy of this application is sent by the designated person responsible for the person (2);
(b) for a purpose other than that referred to in paragraph 1, send an application to the authorised person.
(2) A person other than the designated person requesting the provision of a sample of the genetic source of forest timber pursuant to Article 2h (2) of the Act shall send a request to the authorised person.
(3) The model of the application for a sample of the genetic source of forest trees is set out in Annex 2 to this Regulation.
(4) The provision of samples of genetic resources of forest timber pursuant to Section 2h (2) of the Act takes place for the purpose of:
(a) the storage and reproduction of genetic resources of forest trees in the seed and explantations bank;
(b) breeding, research, education and international cooperation; or
(c) direct reproduction of endangered genetic resources of forest trees on the basis of a project submitted to ensure the return of reproductive material of forest stocks to their original occurrence or to other appropriate habitats approved by the authorised person.
(5) A sample of the genetic resource of forest trees provided by a participant in the National Programme is provided with identification data indicating:
(a) the owner of the genetic resource of forest trees referred to in Article 5 (1) (a);
(b) the nature of the sample of the genetic source of forest timber referred to in Article 2 (z) of the Act;
(c) the Czech and scientific names of the wood;
(d) the registration number of the genetic source of forest timber referred to in Article 5 (1) (d);
(e) the number of the certificate of origin provided for in Article 6 of the Act;
(f) the number of the movement certificate provided for in Article 8 of the Act;
(g) the size of the sample of the genetic source of forest trees;
(h) the purpose of using a sample of the genetic source of forest trees referred to in paragraph 4; and
(i) buyers of a sample of the genetic source of forest trees; for natural persons, his name and surname, date of birth, business name, person identification number, if assigned, address of place of residence or place of business, if different from the place of permanent residence, and supplier's registration number, if assigned; for legal persons, the name, address of the registered office, person identification number and supplier's registration number, if any.
§ 7
(1) The size of the sample provided for the genetic source of forest timber depends on the biological characteristics of the species of forest wood and the purpose of using the sample provided.
(2) The minimum size of seed samples provided for storage and reproduction in the seed and explantations bank is set out in Annex 3 to this Decree for the basic species of forest.
(3) The minimum size of samples of vegetatively reproduced genetic resources of forest trees provided for the storage and reproduction of explantations in the seed bank and explantations shall be 30 dormante buds from one orthet for organogenesis purposes, or 10 immature cones from one tree for induction of somatic embryogenesis, or 100 pure germination seeds from one tree for cryoconservation purposes.
(4) The size of seed samples provided from a bank of seed and explantations, other than the provision of samples referred to in Article 8 (1), is laid down in Annex 3 to this Decree for basic forest species.
(5) The size of samples of vegetatively reproduced genetic resources of forest trees provided from a bank of seeds and explantations, other than the provision of samples referred to in Article 8 (1), shall be three explantations with at least three shoots in the case of organogenesis and three explantations of 0,5 cm2 in the case of somatic embryogenesis.
(6) The size of samples of generously reproduced genetic resources of forest trees provided by sources of selected, qualified or tested reproductive material included in the National Programme, other than the provision of samples for the storage and reproduction of genetic resources of forest trees in a seed and explantations bank and the provision of samples for the purpose of Article 8 (1), is laid down in Annex 3 to this Decree for the basic species of forest timber.
(7) The size of samples of vegetatively reproduced genetic resources of forest trees provided by sources of selected, qualified or tested reproductive material included in the National Programme, in addition to the provision of samples for the storage and reproduction of genetic resources of forest trees in a seed and explantations bank and the provision of samples for the purpose of Article 8 (1), are three parts of plants.
§ 8
(1) When providing samples of genetic resources of forest timber for direct reproduction of endangered genetic resources of forest timber on the basis of a project submitted to ensure the return of reproductive material of forest stocks to their original sites or other appropriate habitats, the size of the sample of the genetic source of forest timber shall be determined provided that the conditions laid down in Article 2h (2) of the Act are complied with by the authorised person in the context of the approval of the submitted project.
(2) Where the designated person or other participant in the National Programme does not have sufficient reproductive material to provide a sample of the genetic resource of forest trees pursuant to § 7 (2) to (7), or if a genetic source of forest trees is threatened, the authorised person and, in the case of a bank of seeds and explantations, the designated person shall determine whether a smaller sample of the genetic resource of forest trees will be provided or provided only after the overgrowth of the genetic resource of forest trees and thus ensure sufficient quantity. A smaller sample of the genetic source of forest trees shall be provided by the designated person or other participant in the National Programme, even if the applicant himself requests it.
(3) A single applicant may be provided within one calendar year by a designated person or other participants in the National Programme with a maximum of 5 samples of different sections, with the exception of the provision of samples of genetic resources of forest trees in order to store and reproduce genetic resources of forest trees in a seed bank and explantations.
(4) The designated person may provide a greater number of samples of the genetic resources of forest trees than provided for in paragraph 3, unless the requirements of other applicants for such genetic resources of forest trees need to be limited.
§ 9
Efficacy
This Decision shall enter into force on 1 August 2014.
Minister:
Ing. Jurečka v. r.

Příloha č. 1

Annex No 1 to Decree No 132 / 2014 Coll.
MODEL OF APPLICATION
Application for the inclusion of a genetic resource of forest trees in the National Programme for the Protection and Reproduction of the GeneFund of Forestry
(§ 2c of Act No. 149 / 2003 Coll., as amended)

Příloha č. 2

Annex No 2 to Decree No 132 / 2014 Coll.
MODEL OF APPLICATION
Request for a sample of the genetic source of forest trees included in the National Programme for the Protection and Reproduction of the GeneFund of Forestry
(§ 2h of Act No. 149 / 2003 Coll., as amended)

Příloha č. 3

Annex No 3 to Decree No 132 / 2014 Coll.
Minimum size of seed sections stored and reproduced in the seed bank and explantations referred to in § 4 (3), minimum size of seed samples provided for storage and reproduction in the seed bank and explantations referred to in § 7 (2), size of seed samples provided from the seed bank and explantations referred to in § 7 (4) and size of samples of generously reproduced genetic resources provided from sources of selected, qualified or tested reproductive material pursuant to § 7 (6) (number of pure germination seeds in pieces)
Vědecký název Český název Minimální počet čistých klíčivých semen
(v ks) uchovávaných v bance osiva a
explantátů podle § 4 odst. 3 a
poskytovaných do banky osiva a
explantátů podle § 7 odst. 2
Počet čistých klíčivých semen (v ks) poskytovaných
z banky osiva a explantátů podle § 7 odst. 4, nebo
poskytovaných ze zdrojů selektovaného,
kvalifikovaného a testovaného reprodukčního
materiálu podle § 7 odst. 6
Abies alba Mill. Jedle bělokorá 160 000 400
Acer platanoides L. Javor mléč 100 000 400
Acer pseudoplatanus L. Javor klen 100 000 400
Alnus glutinosa (L.) Gaertn. Olše lepkavá 100 000 400
Alnus incana (L.) Moench Olše šedá 100 000 400
Betula spp. Břízy 100 000 400
Carpinus betulus L. Habr obecný 100 000 400
Fagus sylvatica L. Buk lesní 200 000 400
Fraxinus excelsior L. Jasan ztepilý 100 000 400
Larix decidua Mill. Modřín opadavý 130 000 400
Picea abies (L.) H. Karst. Smrk ztepilý 160 000 400
Pinus mugo Turra Borovice kleč 70 000 400
Pinus sylvestris L. Borovice lesní 340 000 400
Quercus robur L. Dub letní 110 000 200
Quercus petraea (Matt.) Liebl. Dub zimní 110 000 200
Tilia cordata Mill. Lípa srdčitá 100 000 400
Tilia platyphyllos Scop. Lípa velkolistá 100 000 400
Ulmus spp. Jilmy 100 000 200
Note: For other forest species, the size of the samples shall be determined by the responsible person.
1) § 2 (v) of Act No. 149 / 2003 Coll., on the Trade in Reproductive Material of Forestry, as amended by Act No. 232 / 2013 Coll.
2) § 2 (r) of Act No. 149 / 2003 Coll.

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Regulation Information

CitationDecree No. 132 / 2014 Coll., on the protection and reproduction of the gene pool of forest trees
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation21.07.2014
Effective from01.08.2014
Effective until-
Status Valid
The regulation text is for informational purposes only.
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