Decree No. 147 / 2004 Coll.
Ordonnance setting out the details and putting into circulation of seed crops and propagating material of hops, vines, fruit and ornamental species
Valid
Effective from 05.04.2004
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147
DECLARATION
of 26 March 2004
laying down the details and putting into circulation of seed crops and propagating material of hops, vines, fruit and ornamental species
The Ministry of Agriculture shall determine, pursuant to Articles 3 (3), (8) and (10), 4 (7) (a), 5 (1) (c), (g), (i) and (k) and (5) (a), 6 (9), 7 (6) (a) to (d), (f) to (j) and (l) to (r), 10 (2), (5), 14 (7), 16 (1) (a) and (8), 19 (9) and (13) (a), (b), (c) and (g), Article 23 (3), Article 24 (5) and Article 25 (7) of Law No 219 / 2003 Coll., on the circulation of seed and planting plants and the amendment of certain laws (the circulation of seed and seed and seed) (3).
Crops and propagating material of hops, vines, fruit and ornamental species
Requirements for hop crops and hop propagating material
[Articles 3 (3), 5 (1) (g), 5 (5) (a), 7 (6) (a) to (d), (f), (l) to (p), 14 (5) and 19 (13) (a) and (g) of the Law]
Requirements for growing crops and hop propagating material including:
(a) number and dates of hops shows;
(b) requirements for minimum isolation distances of seed crops and requirements for hop crops;
(c) requirements for the characteristics of hop crops;
(d) requirements for the characteristics of hop propagating material;
(e) requirements for the packaging and labelling of hop propagating material;
(f) requirements for breeding hop propagating material;
are listed in Annex 1.
Requirements for propagation crops and vine propagating material
[Articles 3 (3), 5 (1) (g), 5 (5) (a), 7 (6) (a) to (d), (f), (l) to (p), 14 (5), 19 (13) (a) and (g) and 23 (3) of the Law]
Requirements for vine crops and propagating material which, in accordance with the law of the European Community1) include:
(a) the number and dates of wine shows;
(b) the requirements for minimum isolation distances of the seed crops and the requirements for pre-crops for vines;
(c) requirements for the characteristics of vine crops;
(d) requirements for the characteristics of vine propagating material;
(e) requirements for the packaging and labelling of vine propagating material;
(f) requirements for vine breeding material;
are listed in Annex 2.
Requirements for propagation and propagating material of fruit species
[K § 3 (3), § 5 (1) (g), § 5 (5) (a), § 6 (9), § 7 (6) (a) to (d), (f), (l) to (p), § 14 (5), § 19 (13) (a) and (g) and § 24 (5) of the Law]
Requirements for propagation crops and propagating material of fruit species which, in accordance with the law of the European Community2) include:
(a) number and dates of fruit species shows;
(b) the minimum isolation distance requirements for fruit species crops other than strawberry and the minimum isolation distances for strawberry crops and the pre-crop requirements for strawberry;
(c) requirements for the characteristics of fruit species crops;
(d) the characteristics of the propagating material of fruit species;
(e) requirements for the packaging and labelling of propagating material of fruit species;
(f) requirements for breeding propagating material of fruit species;
are listed in Annex 3.
Requirements for propagation crops and propagating material of ornamental species
[Articles 3 (3), 5 (1) (g), 5 (5) (a), 7 (6) (c), (d), (l) to (o), 14 (5), 19 (13) (a) and 25 (7) of the Law]
Requirements for propagation and propagating material of ornamental species which, in accordance with the law of the European Community3) include:
(a) the number and dates of ornamental shows;
(b) requirements for the characteristics of propagation crops and propagating material of ornamental species;
(c) requirements for packaging and labelling of propagating material of ornamental species;
are listed in Annex 4.
Requirements for conformal propagating material of fruit species and propagation crops for its production
[Articles 7 (6) (a) to (d), (l) to (p) and 10 (2), (5), (6) and (10) of the Law]
Requirements for conformal propagating material4) fruit species and propagation crops for its production, which include:
(a) number and dates of shows of conformal propagating material4) fruit species;
(b) requirements for the minimum isolation distances of propagation crops of fruit species;
(c) requirements for the characteristics of fruit species crops;
(d) the characteristics of the propagating material of fruit species;
(e) requirements for packaging and labelling of conformal propagating material4) fruit species;
(f) requirements for the description of the variety of conformal propagating material4) fruit species;
are listed in Annex 5.
Notification of the extent of production of conformed propagating material of vine and fruit species
(Paragraph 16 (8) of the Law)
The notification of the extent of production of the conformal propagating material4) of the vine and fruit species shall be made on a form the model of which is set out in Annex 6, by group of crops and by date set out in Annex 7.
Provisions common to crops and hop, vine and fruit or ornamental material
Categories and numbers of generations and methods of labelling
(K § 3 (8) and (10) of the Act)
(1) The pre-basic propagating material of hops, vines and fruit species put into circulation shall be referred to as P.
(2) The pre-basic propagating material of hops, vines and fruit species put into circulation shall have one degree of propagation, which shall be referred to as SE 1.
(3) The basic propagating material of hops, vines and fruit species put into circulation shall be referred to as Z.
(4) The basic propagating material of hops, vines and fruit species put into circulation shall have one degree of propagation, which shall be referred to as E.
(5) Certified propagating material of hops, vines and fruit species put into circulation is referred to as C.
(6) The certified propagating material of hops, vines and fruit species put into circulation has two stages of propagation, which are referred to as C 1 and C 2.
(7) The pre-basic propagating material shall be selected individuals of the variety or parts thereof, originating from breeding material, after monitoring and evaluation of the three full-fledged harvests in hops, grapes and varieties of fruit species of peach, pear, apple tree, quinces, almonds, apricots, walnut, slime, cherry, cherry and two-year monitoring and evaluation of the full harvest in varieties of fruit species of gooseberries, currants, blackberries, blackberries, hazelnuts, strawberries.
(8) Selected individuals of a given variety or part thereof, originating from breeding propagating material as referred to in paragraph 7, to be included in the testing for specified viruses and viruses of similar harmful organisms (§ 11 (8), (9) and (10)), or to be included in the recovery and subsequently to be tested for specified viruses and viruses of similar harmful organisms for a given plant species, shall be pre-basic propagating material in the health class of the virus or tested propagating material after testing, or to be recovered and tested with negative results. Comparative plantings shall be set up to assess whether the variety in question has not altered its original characteristics.
Application for recognition of propagating and planting material and of dates and methods of administration
[K § 4 (7) (a), § 5 (1) (k) and § 7 (6) (h) of the Act]
(1) An application for the recognition of propagating and planting material shall be made on a form the model of which is given in Annex 7.
(2) An application for recognition of propagating and planting material shall be submitted separately for each group of crops. The request shall be made by individual supplier only if it has a written contract with them for the production of propagating material.
(3) The application for recognition of propagation crops and propagating material shall indicate only the crop and propagating material intended for circulation. 5)
(4) An application for the recognition of propagating and planting material shall be submitted at the dates set out in Annex 7.
(5) Propagating crops and propagating material which do not comply with the degree of propagation and the health class indicated in the application for recognition of propagation and propagating material may be recognised, with the consent of the supplier, at a lower degree of propagation and in a lower class of health for which the propagation and propagating material satisfy.
Models of forms issued by the Central Audit and Examination Institute
[Paragraph 7 (6) (r) of the Law]
The model of the recognition certificate and the model of the non-recognition decision are set out in Annex 8.
Evaluation of crops and propagating material
[Paragraph 7 (6) (c) of the Act]
(1) Evaluation of propagating and planting material shall be carried out at the dates set out in points 3 of Annexes 1, 2, 3 and 5.
(2) Evaluation
(a) the overall status of the crop;
(b) the authenticity and purity of the species and variety;
(c) agrotechnics;
(d) the health status of the crop;
(e) the isolation of the crop by establishing whether:
1. the crop is protected from unwanted pollination by related species or other varieties or is protected against the transmission of harmful organisms;
2. there is no risk of mechanical additions of other species or varieties occurring during harvesting.
(3) Each crop and propagating material shall be evaluated at least once; the number of shows and their dates for each crop are set out in Annexes 1, 2, 3 and 5. All propagation crops of breeding propagating material, nurseries and nurseries shall also be registered for compulsory inspections.
(4) The results of the evaluation of the seed crops shall be recorded in the annexes to the application for recognition of the seed and propagating material at the specified dates for each species; the Annexes are an integral part of the recognition certificate or non-recognition decision.
(5) For propagating material of grapevine seedlings, the Central Control and Examination Institute of Agriculture (hereinafter referred to as "the Institute ') shall issue a certificate of recognition or decision of non-recognition after the harvest, sorting and marking of propagating material.
The method of marking the health classes of propagating material and the characteristics of the propagating material so labelled must have:
[K § 5 (1) (c) and § 7 (6) (g) of the Act]
(1) Propagating material of hops, vines and fruit species may be recognised as viral or tested in the health class.
(2) Virtual propagating material is referred to as VF.
(3) The test propagating material is referred to as VT.
(4) Virtual propagating material may be recognised as propagating material which:
(a) has been tested for the presence of viruses by internationally recognised diagnostic methods;
(b) it has been found free from viruses in accordance with internationally accepted diagnostic methods according to which no sign of any virus or virus of a similar harmful organism has been detected;
(c) has been kept under conditions ensuring the absence of any infection; and
(d) it shall be considered free from all serious viruses and viruses of similar harmful organisms which appear in the European Communities for the species concerned.
(5) Propagating material may also be recognised as viral propagating material which:
(a) comes from direct vegetative propagation, determined by the number of propagation stages of viral propagating material;
(b) it has been found to be free from any virus or virus like the harmful organism; and
(c) has been grown and kept under conditions ensuring the absence of any infection.
(6) Propagating material may be recognised as being tested;
(a) has been tested for the presence of viruses by internationally recognised diagnostic methods;
(b) it has been found free from viruses in accordance with internationally recognised diagnostic methods according to which no sign of a particular or similar harmful organism has been detected;
(c) has been kept under conditions ensuring the absence of any infection; and
(d) is considered free from certain serious viruses and viruses of similar harmful organisms which appear in the European Communities for the species concerned and which may reduce the utility value of such propagating material.
(7) Propagating material may also be recognised as tested propagating material which:
(a) it originates in direct vegetative propagation by a specified number of propagation stages from tested propagating material;
(b) has been found to be free from symptoms of a particular virus or viruses similar to the harmful organism; and
(c) has been grown and kept under conditions ensuring the absence of any infection.
(8) The list of viruses and viruses of similar harmful organisms on which hop propagating material is tested is set out in Annex 9.
(9) The list of viruses and viruses of similar harmful organisms on which vine propagating material is tested is set out in Annex 10.
(10) The list of viruses and viruses of similar harmful organisms on which propagating material of fruit species is tested and the list of specific harmful organisms of fruit species reducing quality is set out in Annex 11.
(11) The list of viruses and other ornamental organisms and the list of specific harmful organisms of ornamental species reducing quality is set out in Annex 12.
(12) Testing on this decree is carried out according to the recommended certification schemes of the European and Mediterranean Plant Protection Organisation (EPPO); This scheme is published by the Institute in the Bulletin of the Central Audit and Examination Institute of the Agricultural Institute (hereinafter the Bulletin).
Proof of origin of propagating material
[K § 5 (1) (i) and § 7 (6) (i) of the Act]
To verify the origin of the propagating material, invoices, delivery notes, international certificates or certificates issued by the official authority of the competent State shall be used:
(a) the name and, where applicable, the names and surname or business name of the supplier;
(b) the supplier's registration number;
(c) the name and, where appropriate, the names and surname or business name of the buyer;
(d) the date of issue;
(e) the type of propagating material;
(f) variety denomination,
(g) category,
(h) the degree of propagation; This information may not be provided in documents used to verify the origin of the conformal propagating material, 4)
(i) the health class declared; This information may not be provided in documents used to verify the origin of the conformal propagating material, 4)
(j) the number of pieces or weight;
(k) the number of the recognition certificate; This information may not be provided in documents used to verify the origin of the conformal propagating material, 4)
(l) the quality determined by the provisions of the European Communities;
(m) the country of origin designation or code thereof;
(n) the name or abbreviation of the official control authority.
Method of keeping records in the production of propagating material
[K § 7 (6) (j) of the Act]
(1) The basic records for the production of hop propagating material, vines, fruit and ornamental species are nursery books.
(2) Permanent seed crops and vegetative mother crops are recorded on the record sheet of the mother crop.
(3) The models of the education books and the model of the register of matte crops are published in the Bulletin of the Institute.
Professional competence requirements of the registrant
[Paragraph 16 (1) (a) of the Law]
(1) An applicant for registration of an activity under Section 16 of the Act demonstrates its competence
(a) successful performance of the proficiency test before the Board appointed by the Director of the Institute and presentation of the original or officially certified copy
1. in the case of secondary vocational education in the field of gardener or in the related agricultural sector,
2. Graduate certificate in the case of full secondary vocational education in the field of horticulture or in the related agricultural field,
3. a university diploma on the completion of an agricultural study programme; or
(b) by submitting an officially certified written declaration of the representative who must demonstrate his competence in the manner referred to in (a).
(2) The model application for registration of an activity under Section 16 of the Act, the list of test questions for the performance of the proficiency test referred to in paragraph 1, the details of the composition and the appointment of the examination committee and the conditions for carrying out the proficiency test referred to in paragraph 1 are published in the Journal of the Institute.
Measures deemed to be official insurance
[Paragraph 19 (13) (b) of the Law]
An official insurance policy under Section 19 (4) of the Act shall be considered as an official insurance policy for bundles of plants or packaging of propagating material:
(a) seal made of uncoloured sheet,
(b) single-use binding tape; or
(c) self-adhesive tape fixed in tension;
which must bear a legible and indelible imprint "TASK '.
Additional requirements for labels and official labels
[Paragraph 19 (9) and paragraph 13 (c) of the Act]
(1) In addition to the requirements laid down in § 19 (6) to (9) of the Act, labels and official labels must be made of material not previously used and comply with the requirements set out in paragraphs 2 to 4.
(2) If propagating material is to be accompanied by a plant passport in accordance with a special law, 6) the identification of the plant passport must also appear on the official label for such propagating material.
(3) The dimensions of the labels and official labels must be:
(a) for vine propagating material not less than 110 mm x 67 mm,
(b) for the propagating material of hops, fruit and ornamental species, at least 120 mm × 20 mm.
(4) The models of the labels and the official labels are set out in Annex 13.
Final provision
Efficacy
This Decree takes effect on 5 April 2004.
Minister:
Ing. Palas v. r.
Příloha č. 1
Annex No 1 to Decree No 147 / 2004 Coll.
Requirements for seed crops and hop propagating material
1. List of species
Table 1
| Český název | Latinský název |
|---|---|
| Chmel otáčivý | Humulus lupulus L. |
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Regulation Information
| Citation | Decree No. 147 / 2004 Coll., laying down the details of the crops and propagating material of hops, vines, fruit and ornamental species and its circulation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.04.2004 |
|---|---|
| Effective from | 05.04.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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