Decree No. 175 / 2004 Coll.
Order setting out the details of the marketing of seed and planting plants
Valid
Order
Effective from 21.04.2004
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175
DECLARATION
of 8 April 2004
laying down details on the marketing of seed and seed of cultivated plants
According to Articles 3 (3), 3 to 10, 4 (7) (a), 5 (1) (g) and (i), 6 (9), 7 (6), 8 (3), 9 (1) and 4 (b) (2), 10 (2), 5, 6 and 10, 11 (3), 12 (4), 14 (5), 15 (4), 16 (1) (a), (4) and (8), 17 (7), 18 (10) and 19 (7) (i), 9 and 13 of Law No 219 / 2003 Coll., on the marketing of seed and planting plants and amending certain laws (Law on the circulation of seed and seed and seed), (hereinafter "the Law ') and in accordance with the European Community law:
Placing in circulation propagating material of grown plants
[Articles 3 (3) and (7) and 7 (6) (d), (e) and (f) of the Act]
(1) The requirements for the characteristics of propagating material of cultivated plants put into circulation, hereinafter referred to as "propagating material," in accordance with Article 3 (3) of the Act, are set out in Sections I to X of Annex 1 to Section 5 for each species.
(2) The basic propagating material or propagating material of the pre-stages of the types of wheat, rye, triticale, barley, maize and flax may be put into circulation only in pickled vegetables; it may only be put into circulation as sick persons if the limits for the presence of harmful organisms listed in Annex 2 are not exceeded.
(3) Certified propagating material of the species referred to in paragraph 2 need not be marinated unless the presence of harmful organisms does not exceed the values set out in Annex 2.
(4) Number of generations that may be
(a) pre-stage propagating material also manufactured from pre-stage propagating material;
(b) certified propagating material also produced from certified propagating material;
are listed for each species in Annex 3.
Recognition procedure
[K § 4, § 6 (9), § 7 (6) (h) of the Act]
(1) The application for recognition of the propagation crop shall be submitted annually to the Central Control and Examination Institute of Agriculture (hereinafter referred to as the Institute).
(a) by 31 March for:
1. the winter forms of the agricultural species Brassica (excluding rape),
2. winter cereals (barley, wheat, rye, triticale),
3. Winches of winter,
4. clover and grass from the first mower,
5. lettuce and spinach in autumn,
(b) by 30 April for:
1. field and garden peas,
2. spring oil (excluding flax),
3. tomato, radish, radish, salad, spinach in spring, seeds of two-year-old vegetables, seed of winter kale, Peking cabbage,
4. fast vegetables - seeds,
(c) until 10 May for:
1. spring cereals, bundles,
2. field legumes (excluding beans and peas),
3. seeds of seeds of copanin,
4.
5. anise, fennel, cumin, coriander,
6. broccoli, onion seed, garlic, spear, cauliflower, cucumbers, parsnips and greenhouses, goat lettuce, cress,
(d) by 20 May for:
1. potatoes,
2. One-year-old clay,
3. Corn, millet, heathen,
(e) until 10 June for:
1. field and garden beans, lupin, soya, sunflower,
2. clover of nacho seed in spring, grass from second blade, one-year fodder,
3rd eggplant, marjoram, field cucumbers, paprika, patizons, tomatoes, gravel, gourd, melon,
(f) until 30 June for second-cut clover;
(g) until 20 August for onions, seedlings of other vegetables and seed copanins,
(h) until 30 September for winter rape;
(i) until 30 November for pregrown sugar beet crops.
Where the cultivation technology or the climatic conditions of the habitat require the inspection to be carried out within a different period than usual, the supplier shall be obliged to submit an application for the recognition of the propagation crop at least one month before the expected date of the exhibition.
(2) An application for recognition of propagating material shall also be submitted to the Institute.
(3) The methods of applying for the recognition of propagating and planting material are:
(a) in writing, using a form the specimen of which appears in Annex 4; or
(b) in electronic form in accordance with the guidelines published by the Institute in the Bulletin of the Central Audit and Examination Institute of the Agricultural Institute ("Bulletin").
(4) The list and extent of official testing of propagating material and the tests necessary to determine the characteristics of propagating and planting material for each species are set out in Annex 5.
[Articles 5 (1) (g) and (i) and 7 (6) (a) to (c), (i), (o) and (p) of the Law]
(1) The pre-crop sequence requirements for the previous years are set out for each species in Parts I to X in Sections 2 of Annex 1.
(2) In order to verify the origin of propagating material when applying for recognition of the propagation crop, the supplier shall submit:
(a) proof of recognition of propagating material used to establish the crop; or
(b) for multiannual species:
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 appropriate, an opinion of the Institute, issued on the basis of an inspection carried out by the Institute on propagating material imported; or
(d) a declaration by the breeder or breeder of the variety where the crop is based on breeding material.
The documents referred to in points (a) and (b) or the opinion referred to in point (c) may be replaced by the number of such documents on the application.
(3) The evaluation of seed crops shall be carried out at the dates set out in Annex 1, Parts I to X, in Sections 2. The model form for the records of the crop show is set out in Annex 4.
(4) The minimum distance from crops of the same or related species which could otherwise endanger the propagation of crops, and the requirements for the characteristics of crops referred to in Section 7 (6) (a) of the Act, for each species, are set out in Annex 1, Parts I to X, Sections 3 and 4.
(5) The requirements for the permissible limits for the propagation crop by official testing are set out in Sections 4 of Parts I to X of Annex 1 for each species.
(6) The requirements concerning the characteristics of the parcel and the properties of the land on which the crop and propagating material are grown are set out in Sections 2 of Parts I to X of Annex 1 for each species.
(7) A propagation crop which does not meet the requirements of the category and generation of propagating material indicated by the supplier in the application for recognition of the propagation crop may be recognised in the category or generation which complies with its characteristics only on the basis of a new application, indicating the corresponding category or generation.
[K § 7 (6) (j), (l), (m) and (r) of the Act]
(1) The record in the production of propagating material is kept
(a) in writing on forms the specimen of which appears in Annex 4; or
(b) in electronic form, provided that the printed reports contain at least the data contained in the specimen in Annex 4 and are archived for inspection purposes carried out by the Institute.
(2) The particulars of the number of the propagation crop, the lot number of the propagating material and the weights and areas used are given in Annex 6.
(3) The models of the documents issued by the Institute or by the authorised person are set out in Annex 7.
Placing of propagating material in circulation before the completion of the official germination test
(K § 8 (3) of the Act)
(1) The tests for the placing into circulation of propagating material before completion of the official germination test or germination test carried out by the authorised person and the method of keeping records for each species are set out in Annex 8.
(2) The requirements for the characteristics of propagating material put into circulation before the completion of the official germination test or the germination test by the authorised person are set out in Annex 8.
Standard propagating material
(K § 9 of the Act)
(1) The requirements for the characteristics of standard propagating material put into circulation are set out in Annex 1, Parts I to X, Section 5.
(2) The records referred to in Articles 9 (4) (b) and 9 (5) of the Act are kept
(a) in writing on forms the specimen of which appears in Annex 4; or
(b) in electronic form, provided that the printed reports contain at least the data contained in the specimen in Annex 4 and are archived for inspection purposes carried out by the Institute.
Commercial propagating material
(K § 11 of the Act)
As commercial propagating material, propagating material of the species listed as agricultural species other than cereals, potatoes and other okopanins may be put into circulation provided that an authorisation has been granted pursuant to Paragraph 40 (1) of the Act.
Mixture of seeds
[Articles 12 (4) and 19 (13) (e) of the Law]
(1) Mixtures of seeds of varieties of one or more species (hereinafter referred to as "the mixture"), the production or putting into circulation of which the supplier shall declare to the Institute, shall be assigned by the Institute a registration number as set out in Annex 6.
(2) The mixing method shall ensure the uniform composition of the mixture in both the batch and individual packaging according to the mass percentage reported by the supplier when registering the mixture.
(3) The supplier who produces a mixture for agricultural production or a mixture for use outside agricultural production shall keep a record of each mixture produced using a form the model of which is given in Annex 4.
(4) The mixture may only be put into circulation in sealed and labelled packages or in small packages. The mixture must not be further weighed when sold to final consumer2.
Vegetable seedlings
[K § 15 and § 19 (7) (i) of the Act]
(1) The required characteristics of seedlings of vegetable species are set out in Annex 9.
(2) Vegetable seedlings intended for putting into circulation are stored in packaging to prevent damage and replacement or mixing of individual lots. If, during packaging, storage, transport or delivery, lots of vegetable seedlings of different origin are mixed, the supplier shall record the composition of the new lot and the origin of its individual ingredients.
(3) The packaging shall be accompanied by a label, label or other similar document with vegetable seedlings intended for circulation; such documents shall be made of suitable material and shall not be reused.
The document shall contain:
(a) the text "EC quality,"
(b) the name of the Member State or its code;
(c) the designation or code of the competent authority;
(d) the supplier's registration number;
(e) name of supplier;
(f) the lot number of vegetable seedlings put into circulation;
(g) the date of issue of the document;
(h) the seed lot number for vegetable seedlings grown from seed;
(i) the name of the species and variety of vegetables,
(j) the Latin name of the genus and vegetable species, if it is also a plant passport under a special law, 3)
(k) quantity,
(l) on importation from third countries, an indication of the country of origin; this indication must be clearly marked.
(4) Where vegetable seedling material is accompanied by a plant passport in accordance with a specific law, 3) this passport shall replace the data referred to in paragraph 3, except for those referred to in points (a), (c), (i) and (l). Such data shall be clearly separated.
(5) The critical points observed in the vegetable seedlings production process are set out in Annex 9.
(6) The critical points of the production process shall be checked at least annually by the supplier; it is subject to all vegetable seedlings put into circulation, except for sales to final consumer.2)
(7) The Institute or its authorised person shall check compliance with critical points in accordance with the procedures set out in Annex 9.
(8) The records for vegetable seedlings must be kept properly, the individual data must be linked to each other in such a way that they are controllable by the Institute or by the authorised person. Records shall be kept for at least one year. The record may be kept
(a) in writing on forms the specimen of which appears in Annex 4; or
(b) in electronic form, provided that the printed reports contain at least the data contained in the specimen in Annex 4 and are archived for inspection purposes carried out by the Institute.
(9) The provisions of paragraphs 5, 7 and 8 do not apply to vegetable seedlings intended for final consumer.2)
(10) In addition to the provisions of paragraphs 2, 3, 4, 8 and 9, the seed of garlic, onions and shallots must also satisfy the following requirements:
(a) the propagating material must come from a crop which has been checked;
(b) the propagation crop has been free from or treated against the harmful organisms listed in Annex 9;
(c) the characteristics of the propagating material comply with the requirements set out in Annex 9.
Professional competence of the registrant
[Paragraph 16 (1) (a) of the Law]
(1) The registrant in accordance with Article 16 (1) of the Act demonstrates competence with the Institute
(a) by presentation of an 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 secondary vocational education in the field of gardener or in the related agricultural field,
3. a university diploma on the completion of an agricultural study programme; or
(b) by submitting a written declaration of the representative proving his competence as referred to in (a).
(2) Where a registrant does not comply with the training requirements referred to in paragraph 1 (a), registration may be granted provided that the original or an officially certified copy of the proof of achievement of at least secondary education and of any other focus and training at the Institute is presented. The training procedure will be published by the Institute in the Bulletin.
(3) The recognition of professional qualifications or other competence of nationals of Member States of the European Union shall be subject to the special legislation.4)
Start-up notice
(Paragraph 16 (4) of the Law)
The model form for the notification of the start of activity of a supplier not subject to registration under Article 16 (1) of the Act is set out in Annex 4.
Qualification and technical qualifications of authorised persons and their method of demonstration
(Paragraph 17 (7) of the Law)
(1) The qualification criteria for the eligibility of natural persons under Article 17 (2) of the Act are:
(a) higher education in an accredited Bachelor's, Master's or doctoral programme in the field of agriculture or with a focus on biology, with a minimum of two years' experience in the field; or
(b) full secondary vocational or, where appropriate, higher vocational training in agriculture with at least two years' experience in the field; or
(c) at least secondary education and other subjects, provided that the applicant has demonstrated at least three years' experience in the field. For the purpose of demonstrating the knowledge referred to in paragraph 2, the Institute shall organise theoretical training of at least three months and practical according to the nature of the activity it will carry out. The training procedure will be published by the Institute in the Bulletin. However, the completion of training shall not be a condition for admission to the test referred to in paragraph 2.
(2) The persons referred to in Article 17 (1) and (2) of the Act will demonstrate the extent of the necessary knowledge by means of a test or oral examination and by passing a practical examination before a commission appointed by the Institute. Circles of questions are published by the Institute in the Bulletin. For the purposes of continuous training of persons, the Institute organises professional seminars and training.
(3) The persons referred to in § 17 (1) and (2) of the Act demonstrate the technical assumptions
(a) by transmitting a list of laboratory equipment used to perform partial operations in recognition proceedings under a contract pursuant to Article 17 (1) of the Act. The metrological equipment listed on the submitted list shall be submitted by verification protocols of the Czech Metrology Institute or Accredited Calibration Laboratory,
(b) via Internet. Computer equipment with Internet connection is a basic technical precondition for persons mentioned in Section 17 (2) of the Act.
(4) The Institute shall keep records of the mandates, qualification tests, training and continuous training of the mandates.
(5) The recognition of professional qualifications or other competence of nationals of Member States of the European Union shall be subject to the special legislation.4)
Imports of propagating material
(K § 18 of the Act)
The quantity of propagating material imported under Section 18 (5) (b) of the Act may not exceed the quantity required to set up a propagation area of up to 5 hectares (pre-harvest), for seed potatoes up to 10 hectares.
Labelling and packaging of propagating material
(K § 19 of the Act)
(1) Any packaging of propagating material must be visibly, clearly and unmistakably marked in such a way as to exclude confusion or doubt about the content.
(2) For the labelling of propagating material they are used depending on the category and generation or degree of propagating material
(a) official labels of the minimum size and colour referred to in paragraph 3; or
(b) labels used for international trade under the rules of the International Seed Testing Association and the Organisation for Economic Cooperation and Development; or
(c) the labels of the supplier of the minimum size and colour referred to in paragraph 3;
1. for propagating material authorised by the Ministry of Agriculture under Section 40 of the Act; or
2. for the category of standard propagating material; or
(d) labels of the supplier excluding confusion with the conditions set out in (a) to (c) in other cases.
(3) The minimum size of the labels for agricultural species and vegetables is 110 mm x 67 mm; the colours of the labels for categories and generations or stages of propagating material, the method of use and the models of the official labels are given in Annex 10.
(4) The official label shall be:
(a) the label; or
(b) adhesive labels; or
(c) printing of packages of at least the same dimensions and colours as provided for in paragraph 3; or
(d) a visible strip of unbiased foil of at least the same size and colour as laid down in paragraph 3.
(5) The official label shall be made of non-separable or poorly removable material and shall not be re-used. Printing of packages may be carried out only in the form of printing of the prescribed particulars in indelible colour and under official supervision.
(6) Each package shall bear an official label or label for international trade as referred to in paragraph 2 (a). (b) they must be secured by official means in such a way that the packaging cannot be opened without clearly showing its opening; labels affixed to the packaging must be affixed under official insurance.
(7) An official policy shall be deemed to be:
(a) seal made of uncoloured sheet,
(b) a sticker or self-adhesive tape unremovable without breaching;
(c) a sewn label for machine-sewn containers;
(d) the valve closure of the seed pressure-sealed packaging;
(e) self-adhesive or welding caps of paper or plastic packaging, which have no other opening and cannot be opened without breaching;
(f) machine-stitched packaging to prevent confusion,
(g) tin packaging which cannot be opened without damage;
(h) binding material which cannot be opened without breaching.
(8) In the case of non-closed packages, the measures referred to in paragraphs 7 and 8 shall be replaced by a visibly placed and affixed label and accompanying document of the lot or part thereof. Where bulk seed potatoes are transported, the label shall be part of the accompanying documents.
(9) The additional requirements to be met by the official label, in addition to those laid down in Section 19 (7) of the Act, are:
(a) details of the seed preparation by encroaching, incubation, packaging, placing in strapping belts and other means, if used;
(b) calibration data;
(c) information on sorting operations;
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Regulation Information
| Citation | Decree No 175 / 2004 Coll., laying down details of the marketing of seed and planting plants |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.04.2004 |
|---|---|
| Effective from | 21.04.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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