Act No. 215 / 2006 Coll.
Act amending Act No. 321 / 2004 Coll., on Vinohradship and Vinosure and amending certain related laws (Vinohradship and Wine Act), as amended, and Act No. 634 / 2004 Coll., on Administrative Charges, as amended
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Effective from 01.07.2006
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215
THE LAW
of 25 April 2006
amending Act No 321 / 2004 Coll., on wine-growing and wine-growing and amending certain related laws (Law on wine-growing and wine-growing), as amended, and Act No 634 / 2004 Coll., on administrative charges, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Vineyard and Wine Act
Act No. 321 / 2004 Coll., on Vineyard and Vineyard and on the amendment of certain related laws (Vineyard and Wine Act), as amended by Act No. 179 / 2005 Coll., Act No. 411 / 2005 Coll. and Act No. 444 / 2005 Coll., is amended as follows:
1. In the first sentence of Article 1 (1), the words "the conditions and requirements in the field of wine-growing and wine-growing, the adaptation of which is strictly binding 'shall be replaced by the words" following the directly applicable regulation' and the words "the Member States of the European Union shall order or allow the Member States of the European Union to make a separate adjustment at their discretion 'shall be replaced by the words" further conditions and requirements in the area of wine-growing and wine-growing'.
2. in Article 3 (2) (c), including footnotes 17a and 18:
"(c) wine-growing or vineyards (hereinafter referred to as" vineyards ") agricultural land continuously planted with vine bushes 17a) by one grower with a total area of more than 10 arcs, which, on the basis of a written request from the grower, submitted after 1 January 2001 to the Central Audit and Examination Institute (hereinafter referred to as" the Institute ") The Institute has assigned or assigned a registration number or registration number; a vineyard with a total area of less than 10 ars shall be a vineyard only if, on the basis of a written request by the grower after 1 January 2001, a registration number has been assigned by the Institute; the vineyard is also grubbed up (5), for which no replanting right has been granted by the Institute pursuant to Article 9;
17a) § 3i (c) of Act No. 252 / 1997 Coll., on Agriculture, as amended.
18) Act No. 147 / 2002 Coll., on the Central Audit and Examination Institute of Agriculture and amending certain related laws (Act on the Central Audit and Examination Institute of Agriculture), as amended. '
3. in Article 3 (2), point (e) shall be deleted;
Points (f) to (w) shall be renumbered as points (e) to (v).
4. in Article 3 (2) (e):
"(e) by a hectare yield, the proportion of the quantities of grapes harvested in one wine year and the area of the vineyard or of the growers' vineyards on which those grapes have been grown, expressed in tonnes per hectare, ';
5. in Article 3 (2), point (g) shall be deleted;
Points (h) to (v) shall be renumbered as points (g) to (u).
6. In Article 3 (2) (l), the word "aromatised 'is replaced by" aromatic'.
7. in § 3 (2) (p):
"(p) the production of technological or oenological processes or treatment until the product is packed in packaging to the consumer or seller, as the case may be, '.
8. in § 3 (2) (q):
"(q) by the manufacturer, the natural or legal person who manufactures or designates the product for the purpose of putting it into circulation;"
9. in Article 3 (2), the following point (v) is added:
"(v) by a painter, a winemaker and a winemaker who grows grapes on a registered or unregistered vineyard of not more than 20 ars and produces from these grapes a wine of not more than 2 000 litres."
10. in Article 5, the following paragraph 2 is inserted after paragraph 1:
"(2) Vineyards suitable for quality wines in specified regions shall not be cultivated, rootstock or intended for experimental purposes. ';
Paragraph 2 shall become paragraph 3.
11. The heading of § 6 reads: "Hectar yield."
12. Paragraph 6 (2), including footnote 21a, reads:
"(2) Where grapes are to be used for the production of quality wine in a specified area, the yield per hectare of 21a) from the grower's vineyard or vineyards on which they were grown shall not exceed 14 tonnes per hectare. Where several varieties are planted in one vineyard, the yield per hectare may be determined separately for each variety.
21a) Article 55 (1) (f) of Council Regulation (EC) No 1493 / 1999. Annex VI (I), point 1 of Council Regulation (EC) No 1493 / 1999. ';
13. in Paragraph 6 (3):
"(3) Where the yield per hectare referred to in paragraph 2 is exceeded, the grapes concerned may be used only for the production of table wine or country wine, or those grapes must be put into circulation only as grapes intended for the production of table wine or as grapes intended for the production of country wine. '
14. in Article 6, paragraph 4 is deleted;
Paragraph 5 shall become paragraph 4.
15. in Article 11 (1), the words "except for harvested fresh grapes," shall be inserted after the words "Start, interrupt and end production of the products."
16. in Article 12 (6), points (a), (c) and (e), including footnote 34, are deleted;
Points (b) and (d) shall be renumbered (a) and (b).
17. in Paragraph 12 (9) (b), the words "special legislation34)" are replaced by the words "special legislature35a)."
Footnote 35a:
"35a) Decree No 304 / 2004 Coll., laying down the types and conditions of use of additives and excipients in the manufacture of foodstuffs. ';
Paragraph 15 (3) reads as follows:
"(3) When offering partially fermented grape must or partially fermented grape must offered to the consumer under the designation" burcach "for direct human consumption, the indication that it is a partially fermented grape must or" burcana "and who is its producer shall be visibly placed. '
19. in Article 16 (2), the word "separately" shall be deleted;
20. in Paragraph 16 (8) (e), including footnote 47a:
"(e) express expression of the residual sugar content within the scope of the European Community Regulation 47a) for labelling of residual sugar.
47a) Article 16 of Commission Regulation (EC) No 753 / 2002. '
21. In Paragraph 16, the following paragraph 9 is inserted after paragraph 8:
"(9) The Ministry shall withdraw the recognition of the competition or exhibition issued by it pursuant to paragraph 5 unless the organiser of the competition or exhibition guarantees the impartiality of the competition or exhibition. ';
Paragraphs 9 and 10 shall become paragraphs 10 and 11.
22. in Article 16 (10) (b), the words "procedure and use" shall be replaced by "procedure or use" and the words "preservative and additive" shall be replaced by "preservative or additive."
23. Paragraph 16 (11) reads:
"(11) The implementing act provides for:
(a) a model of the application for recognition of the competition or wine exhibition referred to in paragraph 5;
(b) the particulars which may appear on the label of the product and the requirements under which such particulars may appear on the label. ';
24. The following Section 16a is inserted after Section 16:
The designation "Chateau 'or" Château' may be indicated on the label, with the addition of a geographical indication where the production of the indicated wine has taken place at the construction site or around it within a distance of 20 km. '
25. in Article 17 (2) (a):
"(a) has been produced from grapes harvested in the territory of the Czech Republic which are suitable for the production of a quality wine of a specified region or from varieties listed in the list of varieties in the implementing legislation and meet the requirements of paragraph 4;"
26. in Article 17 (2), point (b) is deleted;
Points (c) to (e) shall be renumbered (b) to (d).
27. Paragraph 17 (3), including footnote 50a, reads:
"(3) In addition to the information referred to in paragraph 1, the label of a country wine may contain a variety or variety name, in accordance with the provisions of the European Community (50a), the proportion of each variety appearing on the label must be at least 15%, the font size of the variety or varieties must be at most half the size of the name" country wine ', the variety or varieties must be indicated only in the same field of vision on the label, together with the name "country wine', and the designation of the variety or varieties on the label must not be confused with the designation of a quality wine referred to in paragraphs 18 to 22 or the original certification provided for in Section 23.
50a) Articles 19 and 20 of Commission Regulation (EC) No 753 / 2002. '
28. in Paragraph 18 (2) (c):
"(c) the yield per hectare referred to in Article 6 (2) has not been exceeded,"
29. in Paragraph 18 (2) (f), the words "quality wine" shall be inserted after the words "as";
30. Paragraph 18 (4) reads:
"(4) Quality wine of the variety shall be produced from grapes, sorrows, grape must, wine produced from grapes harvested in the vineyard suitable for quality wine of the specified region or by mixing quality wines of a maximum of 3 varieties. ';
31st Paragraph 18 (7) reads as follows:
"(7) The quality wine label may contain, in addition to the particulars referred to in paragraph 6:
(a) the name of the variety or varieties, under the conditions laid down by the European Community Regulation 50a;
(b) the name of the wine-growing sub-region, if the products used for the production of wine come from at least 85% of that wine-growing sub-region;
(c) the name of the wine-growing community, if the products used for the production of wine come from at least 85% of that wine-growing community;
(d) the name of the vineyard line, if the products used for the production of wine come from at least 85% of that vineyard line. "
32. in Article 19 (4), points (c) to (e), including footnote 53, read:
"(c) the hectare yield referred to in Article 6 (2) has not been exceeded,
(d) the wine has been produced from grapes whose origin, sugar content and weight, or, where appropriate, variety or mixture of varieties, or infestation by the noble mould of Botrytis cinerea P. has been certified by the Inspection; the verification is subject to an administrative fee in accordance with a special legislature53),
(e) the wine has been produced from grapes, sorrows or grape must, or from wine produced from grapes harvested in a vineyard suitable for quality wine in the specified areas which satisfy the requirements for a particular type of quality wine with the addition or mixing of quality wines with the addition;
53) Act No. 634 / 2004 Coll., on Administrative Charges, as amended. '
33. In Paragraph 19, the following paragraph 12 is inserted after paragraph 11:
"(12) Quality wines with an addition may be indicated by the phrase" stamp "if it has been obtained from a mixture of grapes, grief, must, or, where appropriate, from wine produced from grapes harvested in a vineyard suitable for the quality wine of the specified regions which meet the requirements for a particular type of quality wine with an addition or by mixing quality wines with an addition. '
Paragraphs 12 to 14 shall become paragraphs 13 to 15.
34. Paragraph 19 (14), including footnote 53a, reads as follows:
"(14) In addition to the information referred to in paragraph 13, the quality wine label may contain:
(a) the name of the variety or varieties, under the conditions laid down by the European Community Regulation 50a;
(b) the year of harvest, under the conditions laid down by the European Community53a),
(c) the name of the wine-growing community, if the products used for the production of wine come from at least 85% of that wine-growing community;
(d) the name of the vineyard line, if the products used for the production of wine come from at least 85% of that vineyard line.
53a) Article 18 of Commission Regulation (EC) No 753 / 2002. '
35. in Article 20 (3) (c):
"(c) the yield per hectare referred to in Article 6 (2) has not been exceeded,"
36. in § 20 (6) (c):
"(c) the yield per hectare referred to in Article 6 (2) has not been exceeded,"
37. Paragraph 20 (8), including footnote 60a, reads:
"(8) The quality sparkling wine label of the specified region (paragraph 3), the production sect and the aromatic sparkling wine of the specified region (paragraph 6) contains the information provided for by the provisions of the European Community (60a).
60a) Annex VIII, Part B and D to Council Regulation (EC) No 1493 / 1999. '
38. in Article 21 (2) (c):
"(c) the yield per hectare referred to in Article 6 (2) has not been exceeded,"
39. in Paragraph 21 (4):
"(4) The label of quality sparkling wine may contain, in addition to the particulars referred to in paragraph 3:
(a) the name of the variety or varieties, under the conditions laid down in the European Communities Regulation 50a; the proportion of each variety indicated on the label must be at least 15%,
(b) the year of harvest, under the conditions laid down by the European Community53a),
(c) the name of the wine-growing sub-region, if the products used for the production of wine come exclusively from that wine-growing sub-region. "
40. in Paragraph 22 (2) (c):
"(c) the yield per hectare referred to in Article 6 (2) has not been exceeded,"
41.Paragraph 22 (4) reads as follows:
"(4) The label of quality liqueur wine may contain, in addition to the particulars referred to in paragraphs 2 and 3:
(a) the name of the variety or varieties, under the conditions laid down in the European Communities Regulation 50a; the proportion of each variety indicated on the label must be at least 15%,
(b) the year of harvest, under the conditions laid down by the European Community53a),
(c) the name of the wine-growing sub-region, if the products used for the production of wine come exclusively from that wine-growing sub-region. "
42. in Article 23 (1) (a), the words "the same or" shall be inserted after the words "manufactured on."
43. Paragraph 25 (4) is deleted.
Paragraph 5 shall become paragraph 4.
44. in Paragraph 26 (3) (c), "inclusive" is replaced by "where appropriate."
45. in Article 26 (3) (h):
'(h) the required classification of the wine; in the case of wine with the addition of the type and number of the document by which the origin, sugar content and weight have been verified, or, where appropriate, the variety or mixture of varieties, or the infestation by the noble mould grey Botrytis cinerea P. of the grapes from which the wine was produced.';
46. In Article 26, at the end of paragraph 3, the dot is replaced by a comma and the following point (i) is added:
"(i) the commercial description of the wine previously classified and used for the production of the wine referred to in the application, the lot, the quantity in litres and the quality registration number."
47. in Paragraph 27 (4), including footnotes 72a and 72b:
"(4) The placing on the market of a product shall be prohibited:
(a)
1. the levels of the health content of harmful substances laid down in specific legislation35a are exceeded;
2. the quality requirements laid down in the implementing legislation are not complied with or the product shows diseases or defects;
3. It has been found to be a product of disability (3),
4. it has not been decided to classify it (§ 23, 26) if it is subject to classification; or
5. do not correspond to the actual alcoholic strength or total alcoholic strength, or to the non-sugar-free extraction69) values determined on classification (§ 26), taking into account the derogations provided for in the implementing legislation; or
(b) which
1. does not correspond to the classification (§ 23, 26);
2. does not accompany accompanying document70),
3. is unknown origin 72),
4. containing sweeteners 35a),
5. contains synthetic flavouring substances, natural or natural identical flavouring substances, synthetic dyes, natural or natural identical dyes, or natural sweeteners, unless their use is authorised under European Communities72a) or by this Act; or
6. it is not produced in accordance with authorised oenological practices according to European Community rules 72b).
72a) Annex IV to Council Regulation (EC) No 1493 / 1999. Council Regulation (EC) No 1601 / 1991.
72b) Title V and Annex IV to Council Regulation (EC) No 1493 / 1999. '
48. in Paragraph 27 (5):
"(5) It shall be prohibited to offer for sale wine intended for consumers together with fruit wines, wine drinks, alcoholic beverages or other beverages which could cause confusion with wine unless they are placed separately and clearly marked. '
49. In the fourth sentence of Paragraph 28 (3), "30 'is replaced by" 60' and the words "90 days' are inserted after the word" days'.
50. In Paragraph 30 (1), "occupation 'is replaced by" business'.
51. in Paragraph 35 (1) (k):
'(k) periodic penalty payments for non-payment or late payment of contributions fixed at 0,1% per day on the amount due from the day following the last day of payment, up to a maximum of twice the amount of the levy; the periodic penalty payment shall be made by the grower or the producer on behalf of the Fund.';
52. in Article 35 (3), the third sentence is deleted;
53.In Paragraph 35 (9), the words' and State support 'are deleted.
54.
Administrative offences of legal and business natural persons
(1) A legal or commercial natural person, as a manufacturer or as a person putting a product into circulation, commits an administrative offence by:
(a) offer partially fermented grape must for consumption contrary to Article 15;
(b) identify the product in contravention of Article 16 (1);
(c) in contravention of Article 16 (2), mark the product with an indication indicating the enhanced effect of the product;
(d) shall indicate on the label of the country's wine or quality wine of a specified region the year without fulfilling the conditions for the use of that designation in accordance with Article 16 (3);
(e) in contravention of Article 16 (4), it shall not indicate the residual sugar content in the designation of the quality wine specified in the region,
(f) indicate on the label the valuation or medals obtained which are not recognised in accordance with Article 16 (5);
(g) shall put into circulation a wine marked on the label stating that it complies with the requirements for the purposes of churches and religious societies without fulfilling the conditions for the use of that designation pursuant to Article 16 (6);
(h) infringes the prohibition on marking as wine drinks referred to in Article 16 (10);
(i) it shall put into circulation a product named "land wine" which does not comply with the requirements laid down in Article 17 (2);
(j) indicate on the label of the ground wine the particulars for which the conditions laid down in Article 17 (3) are not met;
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Regulation Information
| Citation | Act No. 215 / 2006 Coll., amending Act No. 321 / 2004 Coll., on Vinohradship and Vinosure and amending certain related laws (Vinohradship and Wine Act), as amended, and Act No. 634 / 2004 Coll., on Administrative Charges, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.05.2006 |
|---|---|
| Effective from | 01.07.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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