Act No. 147 / 2002 Coll.
Act on the Central Audit and Examination Institute of Agriculture and on the amendment of certain related laws (Act on the Central Audit and Examination Institute of Agriculture)
Valid
Effective from 01.06.2002
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147
THE LAW
of 20 March 2002
on the Central Audit and Examination Institute of Agriculture and amending certain related laws (Act on the Central Audit and Examination Institute of Agriculture)
Parliament has decided on this law of the Czech Republic:
GENERAL CONTROL AND TEST CONSTITUTION OF AGRICULTURAL
(1) The Central Audit and Examination Institute of Agriculture (hereinafter referred to as the Institute) is the administrative authority subordinate to the Ministry of Agriculture (hereinafter referred to as the Ministry). The Institute also carries out professional and test tasks (§ 2) and professional activities (§ 3).
(2) The Institute is the organisational body of the State, 1) is the accounting unit.
(3) The Institute shall be headed by the Director; its selection, appointment and appeal are governed by the Civil Service Act.
Scope of the Constitution on individual sections under special laws
(1) The Institute shall carry out administrative management and perform other administrative activities, professional and test operations and control and supervision activities under special laws, (4), (20)
(a) wine-growing;
(b) feedingstuffs,
(c) varieties, seeds and propagating plants;
(d) the protection of hops;
(e) fertilisers, soil improvers, plant aid products and substrates, treated sludge and sediments;
(f) monitoring of agricultural soils and agrochemical testing of agricultural soils;
(g) the protection of plant variety rights;
(h) plant health care.
(2 In the event of a breach of the obligations laid down by the Institute, the Czech Environmental Inspection Office shall initiate administrative proceedings and inform the Ministry of the Environment accordingly. The Institute also carries out expert and control activities in the field of the cultivation of genetically modified varieties under the Act on Agriculture (4a) for the State Agricultural Intervention Fund.
(3) In addition, the Institute shall carry out the tasks arising from the directly applicable European Union rules, in particular official controls 28) and the supervision of the fulfilment of the obligations arising for natural and legal persons under those directly applicable European Union provisions.
(4) The Institute also carries out control and surveillance activities under the Organic FarmingAct (21) and under the Agricultural Act (4a) in accordance with European Union rules to the extent set out in the Specific Act (20) and is, within its jurisdiction, a supervisory authority under the European Union Regulation governing accreditation and market surveillance (22).
(5) The Institute also carries out cross-compliance checks under the Act on Agriculture (5c) in accordance with the directly applicable European Union regulation governing the implementation of cross-compliance, modulation and integrated administrative and control system5d). The Institute also carries out such cross compliance checks in the area of surface or groundwater.
(6) The Institute also controls the proper management of the due diligence system under other legislation29) within its scope.
Other activities of the Institute
(1) The Institute also carries out professional activities consisting of:
(a) developing and verifying laboratory procedures, testing methods and methods of carrying out and evaluating vegetative and biological tests, and, where appropriate, contributing to their development or verification, and the processing of uniform working procedures for carrying out professional and test operations and ensuring their harmonisation with European and international technical standards (hereinafter referred to as "procedures and methods");
(b) in the methodological management of natural or legal persons who fulfil the conditions for carrying out the professional and test tasks provided for in this Act and the specific laws, 4)
(c) in the organisation of inter-laboratory comparative tests to ensure the quality of the work of laboratories of the Institute and laboratories of natural or legal persons fulfilling the conditions for carrying out the professional and test operations provided for in this Act and in specific laws, 4)
(d) in monitoring
1. land inputs in connection with comprehensive security of agricultural products and foodstuffs;
2. the effect of preparations on treated plants, plant products and effects on harmful organisms;
(e) in the issuing of expert opinions, opinions or certificates at the request of an organisational body of a State or of a natural or legal person. If the processing and issuing of an expert opinion, opinion or certificate requires a chemical, biochemical, microbiological or other test to be carried out, the applicant shall bear the costs of carrying it out; the method of reimbursement and other details of its execution shall be agreed with the applicant by the Institute. The organisation of the State does not cover the issue of an expert opinion, opinion or certificate,
(f) providing training for staff working in the Institute;
(g) keeping records necessary for the performance of its tasks;
(h) keeping records of fruit orchards under the Agriculture Act. (4a)
(2) In addition to the activities referred to in paragraph 1, the Institute may carry out chemical, biochemical, microbiological, biological and other tests, at the request of an organisational body of the State or of a natural or legal person.
(3) In addition to the activities referred to in paragraphs 1 and 2, the Institute may issue certificates of origin for a bioproduct, a biofood or any other bioproduct, carry out checks and other professional activities in accordance with specific legislation.
(4) The examination referred to in paragraph 2 shall be carried out on request by a natural or legal person of the Institute, provided that no authorised laboratory pursuant to Article 5 (1) is authorised to do so.
(5) In order to carry out professional and test operations and professional activities, the Institute of Laboratories, biological testing stations, test stations, certification centres (hop grades) and other professional workplaces operate. The tests shall be carried out by the Institute on the basis of the request of the organisational bodies of the State or natural and legal persons referred to in paragraph 2 so as not to limit the test capacity for the performance of the test activities referred to in Section 2. Land to which the Institute has competence of management and which do not have professional examinations during the given growing season, the Institute shall manage or allow temporary use to natural or legal persons.
(6) In carrying out its tasks, the Institute cooperates with similar professional and testing bodies abroad. The Institute shall also cooperate with the relevant international organisations and, where appropriate, participate in their activities by carrying out expert and test tasks on request. Cooperation with the authorities of the European Union and with the professional institutions is also taking place through joint projects within the substantive scope of the Constitution.
(7) The Institute is a national plant protection organisation under the International Convention on Plant Protection and carries out activities in the field of plant health, as defined by this Act and by special legislation20), resulting from directly applicable European Union24 regulations).
(8) Within the scope of Section 2 and Section 3, the Institute is involved in organising training, education and information activities, including publication of results and methodologies.
(9) The revenue for carrying out the expert examination and training activities and other activities referred to in points (c) and (e) of paragraph 1 and paragraphs 2, 5, 6 and 8 is not the revenue of the State Budget under the Law on Budgetary Rules (27), but the revenue of the Institute's special account to cover the costs incurred by the Institute for their implementation.
Provision of professional and test tasks by the Institute
(1) The Institute shall carry out professional and test tasks for the performance of its tasks in the context of administrative activities under special legislation.4), 20) The Institute may, in accordance with special legislation4) and directly applicable European Union25) ensure the implementation of these acts by concluding a contract with a natural or legal person if:
(a) its technical equipment corresponds to the type and scope of the professional and test operations concerned;
(b) professional and test operations shall be carried out by natural persons with at least full secondary vocational training of agricultural, chemical or biological focus;
(c) the results of the verification laboratory tests under special laws (4) are found within the tolerance limits;
(d) a decision on bankruptcy has not been given to it under a special law;
(e) has an appropriate business authorisation. 6)
(2) Before concluding a contract, the natural or legal person with whom the contract is to be concluded must submit:
(a) evidence of a business authorisation, including an extract from the Commercial Register, if registered, not more than 6 months old;
(b) other documents necessary to verify compliance with the conditions laid down in paragraph 1 (a) to (c) and (e).
(3) The documents referred to in paragraph 2 may also be presented in the form of an officially certified copy.
(4) The contract referred to in paragraph 1 shall also:
(a) defining the scope of the professional and test tasks carried out;
(b) identification of the technical equipment to be used for carrying out the professional and test operations;
(c) identification of the procedures and methods by which professional and test operations will be carried out;
(d) the method of reimbursement of the costs of carrying out professional and test operations;
(e) the manner in which professional supervision of the Institute for Professional and Testing Operations will be carried out under this Treaty.
Approval granted by the Institute for the performance of professional activities, national reference laboratories and reference laboratories
(1) Test operations for the biological testing of feed materials, feed products or additives intended for silage and laboratory tests of the quality of feed, feed additives and premixtures under a special law, soil sampling and chemical analysis for the purposes of agrochemical testing of agricultural soils under a special law, testing for chemical analysis of fertilisers, soil improvers, aids for plant protection products, substrates and manure under a special law, professional and test operations for the recognition of propagation crops or propagating material and for the registration of varieties under a special law, plant health-related activities under the Plant Health Act (20), and professional and testing operations for the labelling and certification of hops under a special law may, except for the Institute, carry out only natural or legal persons having the professional activities of the mandated establishment.
(2) The conditions under which the mandate to carry out the professional activities referred to in paragraph 1 may be granted, amended, withdrawn or repealed, are laid down in special legislation26) and the directly applicable European Union Regulation. 28)
(3) In order to deepen, coordinate and unify laboratory, diagnostic and other test activities, the laboratories of the Institute shall be the national reference laboratory with the scope of the activities referred to in paragraph 1.
(4) The Institute entrusts the natural or legal persons to whom it is requested to perform the professional activities of the reference laboratory. The Institute shall issue a mandate if the documents submitted which form part of the application show that:
(a) the natural or legal person is able to ensure the impartiality, quality and protection of confidential information;
(b) there will be no conflict of interest between the implementation of the tasks which it is empowered to carry out and its other activities; and
(c) the natural or legal person complies with the requirements for the designation of the reference laboratory laid down in accordance with paragraph 9.
(5) The Institute shall withdraw the mandate given if the designated reference laboratory does not comply with the requirements or conditions referred to in paragraph 4.
(6) The procedure laid down in paragraphs 1 to 5 is without prejudice to the provisions directly applicable to the European Union25).
(7) The Ministry lays down, by means of implementing legislation, requirements for material and personnel equipment of national reference laboratories and reference laboratories and for the targeting, organisation and methods of their activities.
Reimbursement of costs for carrying out professional and test tasks
(1) The Institute shall be entitled to claim compensation for the costs incurred by the applicant for carrying out professional and test operations under special laws (4), (20), and for carrying out professional and test operations on request by the organisational bodies of the State or natural and legal persons referred to in Article 3 (2). The amount of compensation shall be calculated on the basis of the calculation of the costs associated with the professional and test operations.
(2) Reimbursement of costs for professional and test operations shall be fixed:
(a) in the field of biological testing of feedingstuffs, additives or their new use under a special law, 10) by species of animal for which feed or feed additives are intended; the total costs consist of the sum of the costs for all the test operations carried out,
(b) in the field of testing varieties for registration under the Specific Law (11) and for granting protection rights under the Special Law (12), for annual examinations of varieties included in groups according to the complexity of the tests, for tests of diversity, uniformity, stability and utility value and for technological analyses and special tests;
(c) in the field of the recognition of crops and propagating material under a special law, 11) according to the area of the crops, the number of shows and the extent of the laboratory testing;
(d) in the field of the registration of fertilisers, soil improvers, plant aid products and substrates in accordance with the Specific Act, 13) as a sum of the costs of biological tests and tests carried out, chemical analyses and related operations;
(e) in the field of plant health 20).
(3) The Institute is also entitled to ask for reimbursement of the costs of carrying out professional tasks from a person who, by failure to fulfil or breach the obligation laid down by this law or ordered under that law, has caused the need to carry out such tasks.
(4) When determining the amount of compensation, account shall be taken of the average labour and material workload of each type of professional operation and of the degree of expertise required for their implementation, and only costs incurred as a result of an application submitted which would otherwise not have been incurred by the Institute may be reflected in the calculation.
(5) Reimbursement of costs for professional and test operations under the Special Laws (4) carried out on a contractual basis by examination offices abroad shall be paid in full, the amount of the costs being known in advance.
(6) The total cost of the professional and test operations referred to in paragraph 2 consists of the sum of the costs of all the individual professional and test operations carried out, the amount of which is laid down in the implementing legislation (§ 11). Where the cost of the professional and test operations referred to in paragraph 2 is not determined for the crop, the Institute shall determine it no later than before the start of the tests and inform the applicant thereof.
(7) The costs of professional and test operations carried out by the person entrusted in accordance with Article 4 shall be borne by the applicant.
(8) The costs of professional and test operations carried out by the Examination Office abroad shall be borne by the applicant.
(9) The Institute shall be entitled to require from the applicant, pursuant to special laws, (4) at whose request the professional and test actions are to be carried out, an appropriate advance or, where appropriate, reimbursement of costs in advance, provided that there is no doubt that such actions will have to be carried out by the Institute and that their compensation is known.
(10) Expenditure incurred by the Institute in the context of carrying out the professional and test tasks referred to in Article 4 (1) may be compensated (14) by the reimbursement of the costs of the professional and test operations referred to in paragraph 2 paid by the applicant under special legislation.4), 20) Expenditure incurred by the Institute for professional and test activities carried out at the request of natural and legal persons may also be compensated.
(11) Exemptions from reimbursement of costs
(a) State authorities;
(b) the local authorities, if they require the implementation of acts relating to the exercise of a delegated administration;
(c) persons making an application for mutual recognition of a product in the public interest or extending the authorisation to minor uses in the public interest.
(12) The provisions of paragraphs 1 to 11 shall apply mutatis mutandis to the activities referred to in Articles 3 (1) (e) and 3 (2) and (3) where they are carried out by the Institute for Natural or Legal Persons.
Control and State surveillance
(1) The Institute shall systematically examine, for persons defined by specific laws (4), (20), in the form of an audit16a), whether all the activities carried out under this legislation and the results of those activities comply with pre-determined measures, whether these measures are effectively enforced and are appropriate for achieving the objectives set.
(2) The staff of the Institute of Control shall, in carrying out the inspection activity, be accompanied by a certificate of the Institute, which shall at the same time be evidence of their delegation to control.
(3) Staff of the Institute shall act in accordance with paragraphs 1 and 2, except where the provisions of the European Union directly applicable provide otherwise.
Requesting and providing information and cooperation
(1) The Institute is entitled to require, within the scope of its jurisdiction laid down by this Act and by special legislation4), 20) from the organisational bodies of the State, in particular public health authorities, veterinary authorities, trade offices and customs offices, and from the authorities of the local authorities free of charge the provision of information related to the provision of control.
(2) The Institute, within its scope laid down by this Act and by special legislation4), (20) provides information and cooperates with the organisational bodies of the State and the authorities of the local authorities and with interest and professional associations.
(3) The customs authorities of the Czech Republic shall, upon request, provide the following information to the Institute for a controlled legal or commercial person who imports from third countries fertilisers, feed, compound feed, plant protection products and plant products placed under the free circulation procedure:
(a) the identification details of the person checked, the name and, where applicable, the names and surnames, the place of stay and, where applicable, the place of business, the business name, or the name and address of the addressee;
(b) a description, including the trade name and type of product, according to its classification in the Combined Nomenclature referred to in Annex 1 to Council Regulation (EEC) No 2658 / 87 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended,
(c) information on the country of dispatch and the country of origin of the product;
(d) the quantity expressed in volume, weight or number of units; and
(e) information on the imports carried out.
The disclosure of such information is not a breach of confidentiality under the tax rules.
(4) The Institute is entitled to publish, for reasons of protection of human, animal health, the environment and consumer protection, in a way that allows remote access to the findings and results of the control activity carried out under specific legislation4). This information may include:
(a) data on a person who, contrary to specific legislation4) has placed on the market propagating material, fertiliser, soil improver, auxiliary plant preparation, substrate, feed, plant protection product or plant protection aid;
(b) identification of propagating material, fertiliser, soil aid, auxiliary plant preparation, substrate, feed, plant protection product or plant protection aid;
(c) the nature of the risk, the measures taken and any other information necessary to protect human, animal health, the environment and the consumer.
(5) Publication of the information referred to in paragraph 4 shall not constitute a breach of confidentiality under the rules of control and the administrative rules.
Use of cadastral data and results of surveying activities
The Institute is entitled to use, to the extent necessary and free of charge, cadastral real estate data (17), including cadastral maps and results of surveying activities (18), in particular state map works, in the exercise of its powers under this Act and the Specific Laws (4), (20). 19)
Bulletin of the Central Audit and Examination Institute of Agricultural
(1) The Institute issues the Bulletin of the Central Audit and Examination Institute of the Agricultural Institute ("Bulletin"). The Bulletin shall be published periodically at least four times a year.
(2) The Bulletin publishes in particular:
(a) data provided for by special laws, 4), 20)
(b) the procedures and methods referred to in Article 3 (1) (a);
(c) notification and information of the Constitution;
(d) a list of the reference laboratories designated under Article 5 (4) and (5), including the focus of their activities.
(3) The Institute publishes the Bulletin in a way that allows remote access.
(4) The Institute shall, when publishing the data contained in the Bulletin, proceed with the handling of personal data by natural persons under specific legislation.
Authorisation provisions
The Ministry shall establish, by decree, the schedule of reimbursement of costs and the method of calculating their amount for professional and test activities carried out under the jurisdiction of the Constitution under the Special Laws (4), (20) and for professional and test operations carried out on the basis of the request of the organisational bodies of the State or of natural and legal persons pursuant to § 3 (2).
Amendment of the Law on wine-growing and wine-growing and amending certain related legislation
Act No. 115 / 1995 Coll., on wine-growing and wine-growing and amending certain related legislation, as amended by Act No. 216 / 2000 Coll. and Act No. 50 / 2002 Coll., is amended as follows:
1. in Article 2 (d), the following footnote (1a) is inserted after the words "to the Central Audit and Examination Institute":
"(1a) Act No. 147 / 2002 Coll., on the Central Audit and Examination Institute of Agriculture and on the amendment of certain related laws (Act on the Central Audit and Examination Institute of Agriculture)."
footnote (1a) shall be renumbered footnote (1b), including the reference thereto.
2. Article 3, including footnote 2, shall be deleted;
Amendment of feed law
Act No. 91 / 1996 Coll., on Feed, as amended by Act No. 244 / 2000 Coll., is amended as follows:
1. In Paragraph 10 (1), the word "Ministry 'is replaced by" Institute' and the words "Ministry of Agriculture Bulletin 'are replaced by the words" Bulletin of the Central Audit and Examination Institute of Agriculture'.
2. Paragraph 17 (2) to (4) reads as follows:
"(2) The Institute may authorise certain laboratory tests to be carried out by persons who so request (hereinafter referred to as" laboratory operators').
(3) The list of laboratories of the Institute carrying out laboratory tests on the quality of feedingstuffs, additives and premixtures in the framework of professional supervision and the list of persons authorised to carry out laboratory tests will be published by the Institute in the Bulletin of the Central Control and Examination Institute of the Agricultural Institute.
(4) An application for authorisation shall contain:
(a) the name and surname and, where applicable, the business name, place of business, residence and identification number, if any, if any, if it is a natural person, or if it is a business name, seat and identification number, if it is a legal person;
(b) data on laboratory instrumentation;
(c) information on the training of laboratory staff;
(d) the scope of the activities for which authorisation is to be granted. ';
3. In Article 17 (5) to (7) and (9), the word "delegation 'is replaced by" authorisation'.
Amendment to the Act on Fertilisers, Soil Auxiliary Substances, Auxiliary Plant Products and Substance and Agrochemical Testing of Agricultural Soils (Fertilisers Act)
Act No. 156 / 1998 Coll., on fertilisers, soil aids, plant aid products and substrates and on agrochemical testing of agricultural soils (Fertilisers Act), as amended by Act No. 308 / 2000 Coll., is amended as follows:
1. In Article 6 (3), the word "Ministry" is replaced by the word "Institute" and the words "Bulletin of the Ministry of Agriculture of the Czech Republic" are replaced by the words "Bulletin of the Central Audit and Examination Institute of Agricultural."
2. In paragraph 2 of 10:
"(2) The Institute shall carry out soil sampling and chemical analyses for the purpose of agrochemical testing of agricultural soils. The Institute may authorise persons who so request to take samples of soils and their chemical analyses. The application for authorisation shall contain:
(a) the name and surname and, where applicable, the business name, place of business, residence and identification number, if any, if any, if it is a natural person, or if it is a business name, seat and identification number, if it is a legal person;
(b) technical equipment data;
(c) data on training of professionals;
(d) the scope of the activities for which authorisation is to be granted. ';
3. In Article 10 (3) and (4), the word "delegation 'is replaced by" authorisation'.
4. In Article 10 (4) and (6), the word "authorised 'is replaced by the word" authorised'.
Amendment of the Act on the Protection of Plant Variety Rights and the Amendment of Act No. 92 / 1996 Coll., on Varieties, Seeds and Propagating Plants, as amended (Act on the Protection of Variety Rights)
Act No. 408 / 2000 Coll., on the protection of plant variety rights and amending Act No. 92 / 1996 Coll., on Varieties, Seeds and Propagating Plants, as amended, (Plant Variety Rights Protection Act) is amended as follows:
1. In Paragraph 13 (1), the words "The Bulletin of the Ministry of Agriculture (" the Bulletin ')' are replaced by the words "The Bulletin of the Central Control and Examination Institute of Agriculture (" the Bulletin ')'.
2. In Paragraph 26 (1), "Ministry 'is replaced by" Institute'.
TRANSITIONAL PROVISIONS
(1) Applications for the authorisation of laboratory tests for the quality of feedingstuffs, additives and premixtures under the feed law or for the authorisation to take samples of soils and their chemical analyses for the purpose of agrochemical testing of agricultural soils under the fertiliser law submitted before the date of entry into force of this law shall be considered as applications for authorisation under this law.
(2) The authorisations granted by the Institute for laboratory tests on the quality of feedingstuffs, additives and premixtures under the Feed Act and the mandates granted by the Institute for the sampling of soils and their chemical analyses for the purpose of agrochemical testing of agricultural soils under the Fertilisers Act before the date of entry into force of this Act are considered as authorisations granted under this Act.
EFFECTIVE
This Act shall take effect on 1 June 2002.
Klaus v. r.
Havel v. r.
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Regulation Information
| Citation | Act No. 147 / 2002 Coll., on the Central Audit and Examination Institute of Agriculture and on the amendment of certain related laws (Act on the Central Audit and Examination Institute of Agriculture) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.04.2002 |
|---|---|
| Effective from | 01.06.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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