Act No. 232 / 2013 Coll.
Act amending Act No. 149 / 2003 Coll., on the circulation of forest reproductive material of forest-relevant species and artificial cross-breeds, intended for the renewal of the forest and for afforestation, and on the modification of certain related laws (Act on Trade in forest reproductive material), as amended, Act No. 634 / 2004 Coll., on Administrative Charges, as amended, and Act No. 148 / 2003 Coll., on the Conservation and Use of Genetic Resources of Plants and Microorganisms of Nutrition and Agriculture, and on the Amendment to Act No. 368 / 1992 Coll., on Administrative Charges, as amended, (Act on Genetic Resources of Plants and Micro-Organisms), as amended by subsequent Regulations
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01.01.2014
02.08.2013
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232
THE LAW
of 26 June 2013
amending Act No 149 / 2003 Coll., on the circulation of forest reproductive material of forest species and artificial cross-breeds intended for the renewal of forests and for afforestation, and on the modification of certain related laws (Act on Trade in forest reproductive material), as amended, Act No 634 / 2004 Coll., on Administrative Charges, as amended, and Act No 148 / 2003 Coll., on the Conservation and Use of Genetic Resources of Plants and Microorganisms of Nutrition and Agriculture and on the Amendment of Act No 368 / 1992 Coll., on Administrative Charges, as amended, (Act on Genetic Resources of Plants and Microorganisms), as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on trade in forest reproductive material
Act No. 149 / 2003 Coll., on the circulation of forest reproductive material of forest 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. 387 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 124 / 2008 Coll., Act No. 223 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll. and Act No. 18 / 2012 Coll., is amended as follows:
1. In Article 1, the words "the European Communities' are replaced by the words" the European Union 'and the words "the principles of the conservation and reproduction of the gene pool of forest trees' are inserted after the words" it '.
2. in Article 2 (a) of the introductory part of the provision, the words "throughout the European Community" shall be replaced by the words "within the territory of the European Union" and the words "under Article 3 (2) and Annex 1 to this Act" shall be replaced by the words "the list of species of forest species laid down by the decree."
3. in Articles 2 (d) and 2 (e), the words "parent trees" shall be replaced by the words "parents of the family, orthet."
4. In Article 2 (f), the words "which is a genetically modified organism 'are replaced by the words" whose hereditary basis has been altered by genetic modification'.
5. In Article 2 (g) (1), the words "or group of trees' shall be inserted after the words" tree '.
6. In Section 2 (g) (2), the words "forest spatial division unit (4) 'are replaced by the words" grassland which is the enclosed tree population'.
footnote 4 is deleted.
7. In Article 2 (g) (3), the words "parent tree 'are replaced by the words" family parents' and the words "substantially 'are deleted.
8. in Article 2 (g) (4), the words "parent tree 'are replaced by the words" parent of the family';
9. In Article 2 (g), at the end of point 6, the words "for the vegetative method of reproduction 'are added.
10. in Article 2, the following point 7 is added at the end of point (g):
"7. ortet, which is a tree intended for the collection of parts of plants for a vegetative method of reproduction,"
11. in Article 2 (n) and (o):
"(n) by putting into circulation the offering of reproductive material for sale, sale or delivery to a third party, including supply under a service contract, or any other means of transferring the right to dispose of reproductive material to another person in business, and import for the purpose of selling or providing samples of genetic resources; the transfer of the right to dispose of reproductive material in respect of the first transfer of that right from the owner of the source of reproductive material to another person and the owner of the source of reproductive material, and his staff, in connection with that transfer, does not participate in the production of reproductive material;
(o) a section of reproductive material which:
1. it is identified by the code and number of the certificate of origin of the reproductive material (hereinafter referred to as the certificate of origin), the Czech and scientific names of the wood, the quantities,
2. is determined by the year of maturation, for the section resulting from the merging of sections of the years of maturation, if it is seed material,
3. is the same category, the same type of source and the same purpose of use,
4. comes from the same region of provenance and from the same height band;
5. is processed, stored and treated in the same way throughout the production process or collected in the same year in respect of parts of plants;
6. has the same age and method of cultivation, if it is seed material,
7. comes from the same recognised unit, if it is identified, selected, qualified or tested reproductive material; ';
footnote 5 is deleted.
12. in Article 2 (r), the words "(hereinafter referred to as" the Ministry of Agriculture ")" shall be inserted after the words "the Ministry of Agriculture."
13. in Article 2, at the end of point (r), the dot is replaced by a comma and the following points (s) to (z) are added:
"(s) A national bank of seeds and explantations of forest trees (hereinafter referred to as the" seed and explantations bank ") means an establishment which has a long-term conservation of seeds and explantations of forest trees in which the possibility of reproduction of genetic resources of forest trees is ensured,
(t) genetic source of forest trees
1. reproductive material,
2. sources of reproductive material,
3. gene bases,
which have a current or potential phenotypic and genotyping value and are collected, evaluated and documented for the purposes of the National Programme for the Protection and Reproduction of the Genotype Fund of Forestry ("the National Programme '),
(u) the protection and reproduction of the forest tree gene pool, the long-term preservation of the genetic resources of forest trees, while preserving their genetic basis and reproductive capacity, taking place at the site of the original occurrence of genetic resources of forest trees or outside the site of the original occurrence of genetic resources of forest trees;
(v) a designated person, a legal person or an organisational body of the State, involved in the implementation of the National Programme, entrusted by the Ministry with the operation of the seed bank and the explantations and coordinating the measures related thereto;
(w) seeds or fruits of forest trees technically suitable for sowing;
(x) forest nurseries are engaged in continuous activities dealing with the cultivation of planting material of forest trees intended for artificial forest renewal and afforestation, possibly forestry reclamation, planting of forest trees on agricultural land and landscape greening,
(y) forest nurseries of buildings, equipment and forestry or other land with technical and technological equipment for planting forest material intended for artificial forest renewal and afforestation, where appropriate for forest reclamation, planting of forest trees on agricultural land and landscape greening;
(z) a sample of a genetic source taken from seed material, parts of plants or planting material in quantity and quality allowing the protection and reproduction of the genetic resource while maintaining its genetic basis. ';
14. In Part One, the following Title II is inserted after Title I:
PROTECTION AND REPRODUCTION OF THE WOODS GENEFOND
National programme
(1) The protection and reproduction of the forest tree gene pool, which consists of a set of all forest wood genes, is ensured through the National Programme, which creates the preconditions for the efficient and sustained use of forest forest genetic resources in accordance with the forestry needs and the principles of sustainable forest management. The national programme regulates the conditions and procedures for the protection and reproduction of genetic resources of forest trees of forestry significant species of forest native to the Czech Republic.
(2) The national programme is issued and the duration of the programme is determined by the Ministry in cooperation with the Ministry of the Environment.
(3) The delegate shall carry out an evaluation of the National Programme each year and submit it to the Ministry.
(4) The amendment of the National Programme may be carried out by the Ministry on its own initiative, on the initiative of the delegate, the designated person or another participant in the National Programme.
(5) The Decree sets out the list of species of forest species which may be included in the National Programme.
Principles for the protection and reproduction of genetic resources of forest trees
(1) The protection and reproduction of genetic resources of forest trees is ensured by participants in the National Programme through the National Programme.
(2) Each participant in the National Programme shall:
(a) to protect and reproduce in situ and ex situ forest tree genetic resources in all their parts and development stages;
(b) ensure that samples of forest genetic resources are kept under appropriate conditions so as to avoid damage or destruction;
(c) to allow the reproduction or restoration, where necessary, of genetic resources of forest trees;
(d) in the event of a risk of degradation of forest genetic resources, ensure that the necessary measures are taken to save them;
(e) notify the authorised person of any change in the data relating to the genetic resources of forest trees no later than 30 days after the date of such change.
(3) In the event of a threat to the genetic source of forest trees, a member of the National Programme shall notify the person responsible without delay. The authorised person may order the transfer of samples of endangered genetic resources to the ownership of another participant in the National Programme.
Application for inclusion of a genetic resource of forest trees in the National Programme
(1) An application for the inclusion of a genetic resource of forest trees in the National Programme may be submitted to the delegate by the owner of the genetic resource.
(2) The owner of the genetic resource referred to in paragraph 1 shall be:
(a) the owner of the reproductive material source;
(b) the owner of the reproductive material; or
(c) owner of the gene base.
(3) A decree sets out the model for the application to include a genetic resource of forest trees in the National Programme.
The inclusion of a genetic resource of forest trees in the National Programme
(1) Where, from the point of view of the protection or reproduction of genetic resources of forest trees, it is desirable to include a genetic source of forest trees in the National Programme, the authorising officer may, at the request of the owner of the genetic resource, include a genetic source of forest trees in the National Programme.
(2) The period of inclusion of the genetic resource of forest trees in the National Programme lasts no longer than the end of the period of validity of the established National Programme.
(3) The proof of the inclusion of the genetic source of forest trees in the National Programme shall include the designation of the owner of the genetic source, the type of genetic source of forest trees, the Czech and scientific name of the wood and the registration number of the genetic source of forest trees.
(4) The owner of the genetic resource becomes a member of the National Programme by including the genetic resource of forest trees in the National Programme. The rights and obligations arising under this Act arise from the participants of the National Programme on the date specified in the proof of the inclusion of the genetic resource of forest trees in the National Programme. A member of the National Programme is also a designated person. The list of participants in the National Programme shall be kept by the delegate in the central register of reproductive material (hereinafter referred to as "the central register '). The content of this central register shall be published by the authorised person on his website.
(5) Crops included in the National Programme can be categorised as forest of special destination21).
(6) The inclusion of a genetic resource in the National Programme is not covered by the Administrative Regulations 22).
Change and repeal the inclusion of a genetic resource of forest trees in the National Programme
(1) Where a change to the National Programme has been made, the authorised person may change the classification of the genetic source of forest trees covered by the approved amendment into the National Programme.
(2) The authorised person shall withdraw the inclusion of the genetic resource of forest trees in the National Programme if:
(a) the genetic source of forest trees which has been included in the National Programme no longer fulfils the conditions for which it has been included in the National Programme; or
(b) the genetic source of forest trees which has been included in the National Programme has been destroyed or damaged to the extent that it can no longer fulfil its purpose; or
(c) there has been a breach of obligations by a participant in the National Programme; or
(d) a Participant to the National Programme shall request this in writing.
(3) In the context of the abolition of the inclusion of the genetic resource of forest trees in the National Programme, the authorised person may request the person who was a participant in the National Programme to transfer samples of genetic resources of forest trees and documentation of the genetic resources of forest trees to the ownership of the designated person or, where appropriate, another participant in the National Programme within a reasonable period of time.
(4) The amendment of the inclusion and withdrawal of the inclusion of a genetic resource in the National Programme is not covered by the Administrative Regulations 22).
Collection, evaluation and inventory of genetic resources of forest trees
(1) The protection and reproduction of genetic resources of forest trees ex situ in the seed and explantations bank is provided by the designated person by the storage and reproduction of samples of genetic resources of forest trees in the seed and explantations bank.
(2) The designated person shall evaluate and inventory samples of the genetic resources of forest trees stored in the seed and explantations bank and transmit the results of the evaluation to the designated person by 31 December of the previous calendar year by 15 January of each calendar year.
(3) The manner and extent of evaluation of the genetic resources of forest trees in the seed and explantations bank are laid down in the Decree.
Documentation on genetic resources of forest trees
(1) Participants in the National Programme are required to keep up-to-date documentation on the genetic resources of forest trees included in the National Programme in order to avoid confusion with other genetic resources. The documentation shall be protected from misuse, damage, destruction, unauthorised alteration, loss or theft.
(2) Data on the genetic resources of forest trees protected and reproduced in situ or ex situ are kept and kept on a permanent basis on the basis of data submitted by participants in the National Programme by the authorised person in the central register.
(3) If the national programme has been cancelled, the person participating in the national programme shall, within 30 days of the cancellation of the national programme, transfer all documentation of the genetic source of forest trees to the person mentioned in the document of cancellation of the national programme.
(4) In the event of the death of a natural person or the disappearance of a legal person who is a participant in the National Programme, the legal successor of that person shall immediately inform the delegate, who shall determine which participant of the National Programme will be forwarded within a specified period of time the documentation on the genetic resources of forest trees and samples of the genetic resources of forest trees. Where a legal person has been ordered to be liquidated, the liquidator shall immediately inform the authorised person who shall determine which participant of the National Programme will be provided with documentation on the genetic resources of forest trees and samples of the genetic resources of forest trees within a specified period.
(5) A decree provides for the content and rules of documentation on the genetic resources of forest trees.
(6) The transmission of documentation on genetic resources of forest trees and the transmission of samples of genetic resources of forest trees is not covered by the Administrative Regulations (22).
Provision of samples of genetic resources of forest trees
(1) Where necessary, the authorised person or designated person shall be authorised to request in writing a participant in the National Programme to provide a sample or to allow sampling of the genetic resource of forest trees, including identification data on that genetic resource; the application shall contain details of the purpose of the sample. A participant in the National Programme shall comply with the request.
(2) Participants in the National Programme shall provide samples of the genetic resources of forest trees to other persons where:
(a) have a sufficient supply of samples of genetic resources of forest trees;
(b) the provision of a sample of the genetic source of forest timber does not endanger or damage the genetic source of forest wood which could result in the destruction of the genetic source; or
(c) this requires circumstances for which the genetic source of forest trees has been included in the National Programme.
(3) For the purposes of breeding, research and education, participants in the National Programme shall be required to provide samples of the genetic resources of forest trees free of charge.
(4) Samples of genetic resources of forest trees are provided only in sections (Section 5). Each section of the genetic resource of forest trees must be accompanied by a accompanying sheet (Section 8).
(5) The owner of the genetic source of forest trees shall record in the genetic source documentation the type, quantity and form of the samples provided and an indication of to whom and for what purpose the samples have been provided.
(6) The scope of the identification data referred to in paragraph 1 and the details of the provision of samples of forest genetic resources and the size of such samples are laid down in the Decree.
Gene bases
(1) A set of forest crops with a significant proportion of valuable regional forest stocks of an area sufficient to maintain the biological diversity of the population capable of self-reproduction in an appropriate way can be declared a gene base. The forest in the territory of the gene base can be classified as a special purpose forest (21).
(2) Gene bases are declared on the basis of data from a valid forest economic plan or a valid forest economic curriculum within each area of provenance for all forestry-relevant species of forest, for the period of validity of the forest-forestry plan or forest-based economic curriculum. The gene base shall be declared by the authorised person on the basis of his own expert opinion at the request of the forest owner in the territory to be declared a gene base. The list of gene bases shall be kept by the authorised person in the central register.
(3) If the authorised person finds that the declared gene base does not comply with the conditions laid down in this Act and the provisions issued for its implementation or the conditions under which the gene base was declared, the declaration of the gene base shall be cancelled.
(4) The rules on the declaration of gene bases, the way in which forests are managed on their territory and the way in which they are labelled are laid down in the Decree.
(5) The notification and cancellation of gene bases are not covered by the Administrative Rules 22).
Funding for the protection and reproduction of the forest tree gene pool
(1) The funds for the collection, evaluation, documentation, protection and reproduction of genetic resources of forest trees under the National Programme and for the operation of the seed and explantations bank are provided for the purposes set out in this Act from the State Budget through the chapter of the Ministry.
(2) The designated person shall be provided with the funds referred to in paragraph 1 in the context of the financial relations provided for by the Minister23).
(3) The funds referred to in paragraph 1 shall be provided in the form of grants to participants in the National Programme with the exception of the designated person.
21) Paragraph 8 (2) (f) of Act No. 289 / 1995 Coll.
22) Act No. 500 / 2004 Coll., Administrative Regulation, as amended.
23) Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended.
24) Article 14 of Act No. 218 / 2000 Coll., as amended by Act No. 73 / 2011 Coll. '.
Titles II to IX shall be renumbered Titles III to X.
15. in Article 3 (1), the words "Annex 1 to this Act" shall be replaced by the words "the list of species of forest species laid down in the Decree."
16. In Article 3, at the end of paragraph 1, the sentence "Reproduction material of artificial cross-breeds listed in forest species may only be put into circulation as selected, qualified or tested."
17. in Paragraph 3 (3):
"(3) Reproductive material of species and artificial cross-breeds included in the list of forest species which have been propagated vegetative may only be put into circulation as selected, qualified or tested. Selected reproductive material may only be put into circulation if it has been obtained by mass reproduction of seed material. ';
18. In Article 3, paragraphs 5 and 6 are added:
"(5) Reproduction material of non-originating species of poplar, their reciprocal hybrids and hybrids of non-originating species of poplar with domestic species produced on the territory of the Czech Republic may only be put into circulation on the territory of the Czech Republic as tested. Reproductive material of domestic poplar species, with the exception of a topol of seeds produced in the Czech Republic, can only be put into circulation in the Czech Republic as qualified or tested.
(6) The list of poplar species and hybrids referred to in paragraph 5 is published in the Ministry of Agriculture Bulletin. "
19. in Article 5 (2) (a):
"(a) the Czech and scientific names of the wood or, where appropriate, the designation of a clone or a mixture of clones,"
20. in Article 5 (2) (g), the words "for a mixture, years of maturation," shall be inserted after the words "year of maturation."
21. in Article 5 (2) (h):
"(h) the age and type of seeds or cuttings used as planting material and whether they have been cut, trained or packaged,"
22. in Article 5, at the end of paragraph 2, the dot is replaced by a comma and the following point (i) is added:
"(i) category of reproductive material.";
23. in Article 5 (3) (c), the words "confirming that" shall be replaced by the words "whether."
24th Paragraph 5 (4) reads:
"(4) Merging of reproductive material from different sections during production is permitted if
(a) one and the same owner of the reproductive material,
(b) one and the same species of forest wood,
(c) one and the same area of provenance;
(d) the same height band of origin of the reproductive material;
(e) the same gene base;
(f) the same category of reproductive material. ';
25. In Article 5, paragraphs 5 to 7 are added, including footnote 25:
"(5) The sections of the test reproductive material, the sections of the qualified reproductive material and the sections of the selected reproductive material of phenotypic classes A are not combined.
(6) The height zone is determined by the forest vegetation stage found from the forest vegetation map in the forest development plans (25). For a source of reproductive material growing outside the forest land, the height range shall be determined by altitude.
(7) The decree provides for details of the merging of sections of reproductive material and the determination of height bands at the source of reproductive material growing outside the forest land.
25) § 23 of Act No. 289 / 1995 Coll. '
26. The following Section 5a is inserted after Section 5:
Collection of reproductive material
(1) The supplier must notify the authorised person at least 15 days in advance
(a) the collection of seed material, the collection of parts of plants or the collection of planting material from natural rejuvenation, if it is identified, selected, qualified or tested reproductive material;
(b) the collection of parts of plants, if subsequently vegetative, selected, qualified or tested reproductive material;
(c) the merging of reproductive material (Section 5 (4)).
(2) The supplier shall indicate in the notification referred to in paragraph 1:
(a) the supplier's designation; in the case of natural persons, the name or, where applicable, the name, surname, date of birth, business name, address of the place of permanent residence and address of the place of business, if different from the address of the place of permanent residence, business name or business address of the legal persons,
(b) the supplier's identification number, if assigned;
(c) the licence number (§ 22) and the supplier's registration number;
(d) the location and time interval of the estimated time of collection of seed material, collection of parts of plants and collection of planting material from natural rejuvenation in one growing season; the exact date shall be notified by the supplier to the delegate at least 2 working days in advance;
(e) the planned maximum quantity of collected seed material, parts of plants collected and seed material collected from natural rejuvenation.
(3) In the case of collection of seed material, collection of parts of plants or collection of planting material from natural rejuvenation, unless the owner of the source is the supplier himself, the notification shall also include the written consent of the owner of the source of the reproductive material with an officially certified signature, or an electronic form of consent signed by the recognised electronic signature of the owner of the source of the reproductive material or his authorised representative.
(4) In case of identified forest, summer and winter beech reproductive material, collection in recognised units in the Czech Republic must take place from at least 10 trees within a recognised unit. If the selected reproductive material is spruce from a warm pine tree, a blue tree, a beech, a summer oak and a winter oak, the collection in recognised units in the Czech Republic must take place from at least 20 trees within a recognised unit. If there are seed orchards recognised in the Czech Republic, the collection may be carried out only if at least 50% of the clones in the seed orchards of the pine trees, the blue tree and the spruce of the gilled and at least 30% of the clones in the seed orchards of other forest trees have been involved in the crop.
(5) The model of the notification referred to in paragraph 1 is laid down in the Order. "
27.
Certificate of origin
(1) If the identified, selected, qualified or tested reproductive material and the conditions laid down by this Law and the provisions issued for its implementation are met, the authorised person shall, upon completion of the collection of seed material, collection of plant parts or collection of planting material from the natural rejuvenation of the supplier at his request, issue a certificate of origin for the sections obtained, within 10 days of the date of receipt of the application.
(2) The locally competent place of work of the authorised person for the issue of the certificate of origin shall be that in which the seed material is collected, the parts of the plants collected or the collection of planting material from natural rejuvenation.
(3) The application for the issue of a certificate of origin shall be submitted by the applicant to the authorised person no later than 10 days after the end of the collection of seed material, the collection of parts of plants or the collection of planting material from natural rejuvenation.
(4) A new certificate of origin shall be issued by the authorised person if:
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Regulation Information
| Citation | Act No. 232 / 2013 Coll., amending Act No. 149 / 2003 Coll., on the putting into circulation of forest reproductive material of forest important species and artificial cross-breeds, intended for the renewal of forests and for afforestation, and on the modification of certain related laws (Act on Trade in forest reproductive material), as amended, Act No. 634 / 2004 Coll., on Administrative Charges, as amended, and Act No. 148 / 2003 Coll., on the Conservation and Use of Genetic Resources of Plants and Micro-Organisms of Nutrition and Agriculture and on the Amendment to Act No. 368 / 1992 Coll., on Administrative Charges, as amended, (Act on Genetic Resources of Plants and Microorganisms), as amended by Act No. 368 / 1992 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.08.2013 |
|---|---|
| Effective from | 01.01.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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