Act No. 242 / 2000 Coll.
Act on Organic Agriculture and amending Act No. 368 / 1992 Coll., on Administrative Charges, as amended
Valid
Law
Effective from 01.01.2001
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242
THE LAW
of 29 June 2000
on organic farming and amending Act No. 368 / 1992 Coll., on Administrative Charges, as amended
Parliament has decided on this law of the Czech Republic:
ECOLOGICAL AGRICULTURE
GENERAL PROVISIONS
Subject matter
This law regulates, following the directly applicable European Union Regulation (1), the conditions of organic farming and the certification and labelling of bioproducts, biofoodstuffs and other bioproductsand the exercise of control and supervision of compliance with the obligations associated therewith.
The Ministry of Agriculture (hereinafter referred to as the Ministry) is the competent authority and performs the tasks assigned to the Member State under the directly applicable European Union rules governing organic production and labelling of organic products1).
Definition of terms
(1) In this Act:
(a) the bioproduct of the raw material of plant or animal origin, the farm animal referred to in veterinary law2) or seed and other propagating material of plants obtained in organic farming in accordance with directly applicable European Union3);
(b) food produced under the conditions laid down in this Act and directly applicable European Union4) meeting the quality and health requirements laid down in specific legislation5);
(c) other organic feed bioproducts6),
(d) an organic farmer is a natural or legal person who is registered under special legislation (8) and registered under this law and manages an eco-farm;
(e) a person engaged in organic farming by an organic farmer, a biofood producer (9), a person placing organic food or bioproducts on the market (9), a producer or supplier of organic feed (6) or a supplier of organic plant propagating material;
(f) an organic bee farmer who is not an organic farmer keeps bees in organic farming and is registered in accordance with this law;
(g) an eco-farm closed economic unit comprising land including water areas, farm buildings, operational facilities and, where appropriate, farm animals referred to in Article 4 (1) serving organic farming.
(2) Where the concept of economic operator is used in a directly applicable European Union Regulation (1), for the purposes of this Act, it is understood as a person engaged in organic farming.
(1) In organic farming it is possible to maintain only those species of livestock, 2) which provide for implementing legislation.
(2) The species of livestock not referred to in paragraph 1 may only be kept on the farm as pet farms which are not subject to organic farming. Where such animals are kept in business, they shall not be part of an eco-farm.
(3) The provisions of this Organic Farmer Act shall apply mutatis mutandis to organic bee breeders.
ECOLOGICAL AGRICULTURE
Registration of persons engaged in organic farming
(1) A person intending to do business in organic farming (hereinafter referred to as the applicant) shall submit a registration application to the Ministry in accordance with the provisions directly applicable to the European Union10); for applicants, the period of transition to organic production60) starts on the day on which his application for registration was submitted to the Ministry.
(2) The obligation provided for in paragraph 1 shall not apply to:
(a) persons referred to in Article 34 (2) of Regulation (EU) 2018 / 848 of the European Parliament and of the Council; and
(b) persons providing cross-border services in organic farming (61).
(3) The applicant is obliged to conclude with the person responsible for issuing the certificate pursuant to Article 35 of Regulation (EU) 2018 / 848 of the European Parliament and of the Council, selected by the Ministry in accordance with Paragraph 29 (hereinafter referred to as the "authorised person") a contract on control activities under a special legislature11.
(4) In the application for registration, the applicant states:
(a) if the natural person, name and surname, nationality, address of the place of permanent residence, otherwise the address for service is usually at the place of residence of the natural person in the territory of the Czech Republic or at the place of business (name of the municipality, its part, street name, descriptive and indicative number, if assigned, postal code), birth number, or date of birth and identification number of the person, if assigned, economic registration number, if allocated 62), and the alien also address of residence outside the territory of the Czech Republic,
(b) if the legal person, business firm or name, registered office, name of the municipality, its parts, street name, descriptive number, and, if assigned, the indicative number, postal code and name of the trading firm, or the surname or surname, or surname, nationality, birth number, if assigned, or date of birth, address of the place of residence of the person or persons who are its statutory authority or its members, and details of the representative referred to in point (a), the farm registration number, if assigned, 62), and the identity number of the person, if assigned; for a foreign legal person who, for the purpose of business, establishes an organisational component in the Czech Republic, its location in the Czech Republic and the data relating to the leading organisational component,
(c) other data specified in directly applicable European Union12).
(5) The applicant shall, at the same time as the application for registration, provide evidence of an entry control certificate carried out by the authorised person, which has not been found to be in breach of the conditions of this law and of the directly applicable European Union1 regulations, and, in the case of an eco-farm operator, a certificate of entry in the register of an agricultural entrepreneur under the specific legal provisions directly applicable). The authorised person shall carry out the entry check no later than 60 days after the date of conclusion of the contract for control activities.
(6) The applicant is obliged to provide the authorised person with information on each eco-farm on which he will manage
(a) the data on economic buildings and operational facilities to be used for organic farming, according to the data in the real estate register (13);
(b) the designation of the land, including the water areas and clearly marked maps of the land, including the ecological areas on which it will operate, according to the land use register according to user relations in accordance with special legislation14) and if non-agricultural land is in relation to the measures provided for in Section 10, then according to the data in the property register 13), and
(c) other data specified in directly applicable European Union12).
(7) The applicant shall provide the Ministry and the authorised person with synergies to verify the facts contained in the application.
(8) Where the applicant complies with the requirements set out in paragraphs 4 and 5, the Ministry shall comply with the application, issue a marketing authorisation and a certificate of activity in organic farming and enter the person undertaking organic farming on the list of persons engaged in organic farming (hereinafter referred to as the list). The list, in the case of organic farmers and with information on the size of the land under management, shall be published by the Ministry in a way that allows remote access.
(9) If the applicant fails to comply with the requirements set out in paragraphs 4 and 5, the Ministry shall reject the application for registration.
(10) The model of the registration application will be published by the Ministry on its website.
Changes concerning land on the farm and the farm
(1) If the land area of an eco-farm is changed, including water areas, the organic farmer is obliged to notify the person responsible in writing without undue delay. Within 30 days of the receipt of this notification, the authorised person shall make an appropriate change in the land use register according to user relationships, in accordance with the specific legislation14, and in the list.
(2) In the event of the transfer or transfer of ownership of an eco-farm to another legal or natural person who has an agricultural business (8), that person shall, if he intends to continue to farm on organic farming, submit a registration without undue delay. Paragraph 6 shall apply mutatis mutandis to the details of the application and to the procedure. The duration of the transitional period is not affected by the change in ownership of the eco-farm.
Cancellation and termination of registration
(1) The Ministry shall cancel the registration of a person engaged in organic farming if:
(a) request it in writing; or
(b) has repeatedly infringed the requirements laid down by this law or directly applicable European Union1); a repeated infringement shall be considered to have occurred within a period of one year from the date on which the previous infringement decision under this law was taken.
(2) The Ministry shall also cancel registration if:
(a) the organic farmer shall not obtain at least one certificate per bioproduct within 12 months of the end of the conversion period (60) and at least one certificate per bioproduct per 24 month during the following calendar years; that period may be extended by the Ministry at the request of the organic farmer, where justified, including repeatedly;
(b) the producer of biofood (9), the producer or supplier of organic feed (6), or the supplier of organic plant propagating material shall not obtain within 24 months of registration at least one certificate on a biofood, bioproduct or other bioproduct and at least one certificate on a biofood, bioproduct or other bioproduct per 24 month during the next calendar years; or
(c) the monitoring contract referred to in Article 6 (3) shall cease to be valid and the person engaged in organic farming shall not conclude the contract with the authorised person within 30 days of the expiry of the contract.
(3) The registration of a person engaged in organic farming shall cease if:
(a) died,
(b) it has disappeared; or
(c) there is a transfer or transfer of an eco-farm to another person and the person doing business in organic farming no longer manages another eco-farm.
(4) The Ministry shall cancel the registration on the basis of an application on the date notified to it by the applicant, but first on the date of receipt of the application. If the date of revocation is not stated by the applicant, the registration shall be revoked on the date on which the decision of the Ministry becomes final.
(5) Where a marketing authorisation is revoked on the basis of paragraph 1 (b) or paragraph 2, the Ministry shall, at the same time as the marketing authorisation is withdrawn, withdraw the organic farming activity certificate and the organic food certificate, bioproduct or other bioproduct certificate.
(6) Following the acquisition of legal authority, the decision to revoke the registration and, in the event of the termination of registration, the Ministry shall immediately delete the list.
Exemptions from environmental management rules
(1) Exemptions from the organic farming rules concerning the origin of livestock and their farming conditions, catastrophic situations and the authorisation of agricultural ingredients originating from conventional production under the directly applicable European Union63) are authorised by the Ministry at the request of a person engaged in organic farming.
(2) The Ministry may request the expert opinion of the delegate before deciding on the application.
(3) The application for an exemption referred to in paragraph 1 shall include, in addition to the general requirements, a justification for the impossibility of complying with the requirements of the directly applicable European Union1 Regulation, a description of the measures taken by the applicant to comply with those requirements and the date by which such measures are taken.
(4) The authorisation for the use of plant propagating material not obtained in organic farming under the directly applicable European Union64 Regulation shall be issued by the Central Control and Examination Institute on request.
(5) The application for authorisation referred to in paragraph 4 shall include, in addition to the general requirements:
(a) the botanical name of the seed species or other propagating material of the plants and, where appropriate, the name of the variety for which authorisation is to be granted to the applicant;
(b) the justification for the impossibility of using seed or other propagating material of plants derived from organic farming under the directly applicable European Union Regulation (1);
(c) the quantity of seed or other propagating material of the plants on which the applicant is to be authorised.
(6) The central control and testing institute of agriculture is the administrator of an electronic database containing a list of varieties and other plant propagating material for which seeds, other plant propagating material or seed potatoes obtained by means of organic production in accordance with the directly applicable European Union organic production regulation and labelling of organic products65).
(7) The Ministry shall be the administrator of the electronic database of animals in which the data referred to in Article 26 (2) of Regulation (EU) 2018 / 848 of the European Parliament and of the Council are published.
Limitation of harmful effects on organically managed land
Where organic land is adjacent to non-organic land, the organic farmer shall take appropriate measures to reduce the risk of harmful effects on the organic land managed by him to the lowest extent possible; such measures include, in particular, planting of hedges, windmills, green belts, insulating grassy belts or the setting up of roads.
Animal husbandry in organic farming
(1) Restricted use of organic pasture by non-organic animals according to the directly applicable European Union organic production and labelling regulation (16) means a period of not more than 90 days during a calendar year.
(2) The conditions for the breeding of insects in organic farming are laid down in implementing legislation in accordance with the provisions directly applicable to the European Union1.
CERTIFICATION AND NOTIFICATION OF BIOPRODUCT, BIOFOOD AND OTHER BIOPRODUCT
Certificate of bioproduct, biofood or other bioproduct
(1) The certificate shall be issued by the authorised person on request within 30 days of the date of the inspection, in the case of arable plant products and permanent crops by the harvest of the crop concerned at the latest, for at least 1 calendar year, but not more than 26 months if the person engaged in organic farming has complied with the requirements of this law and the directly applicable European Union1). This certificate shall be kept by the person engaged in organic farming for a period of 5 years.
(2) The refusal to issue a certificate shall be written and justified and shall be issued within 30 days of the date of the inspection carried out, in the case of plant products at the latest by the harvest of the crop concerned; in the event of a refusal to issue a certificate, the person engaged in organic farming shall transmit the original of the original certificate to the authorised person without undue delay.
(3) The issuing of a certificate or refusal to issue a certificate shall be indicated by the authorised person without undue delay in the list.
Labelling of a bioproduct, a biofood or other bioproduct
The bioproduct, biofood and other bioproduct shall be labelled in accordance with European Union18). The packaged biofood certified on the territory of the Czech Republic and not intended for the foreign market is also marked with the graphic character according to the third sentence. Packed organic food intended only for the foreign market, other than packaged organic food, bioproduct and other bioproduct certified in the Czech Republic, can also be marked with a graphic character, the form of which is laid down in the implementing legislation. This graphic character may only be used for the purposes of, and in accordance with, this law or directly applicable European Union1 regulations.
CONTROL SYSTEM
(1) The Ministry shall supervise compliance with this law and the provisions directly applicable to the European Union1).
(2) The competent authorities responsible for the control of imports of organic products from third countries under Regulation (EU) 2018 / 848 of the European Parliament and of the Council shall be the State Agricultural and Food Inspection, the State Veterinary Administration and the Central Control and Examination Institute of Agriculture, in accordance with their substantive competence under specific legislation80).
(3) The person importing an organic farming product from a third country is required to pay the costs incurred in controlling the importation of those products. These costs shall include in particular the cost of laboratory analyses carried out and the flat-rate costs. In the event that the laboratory analysis has been carried out by the supervisory authority, the audited entity shall bear the costs of the analysis under the legislation governing the reimbursement of costs for analyses carried out by the laboratories of the State Agricultural and Food Inspection81) or under the legislation governing the reimbursement of costs for professional and test tasks carried out under the responsibility of the Central Audit and Examination Instituture82). The costs incurred in connection with the entry of food from third countries shall be borne by the audited person in accordance with the standard cost decree 83). The supervisory authority shall decide on the reimbursement of costs. This compensation shall be the revenue of the State budget and shall be collected by the authority which imposed it. In the case of an import control consisting solely of a documentary check which shall not exceed 1 hour, costs shall not be reimbursed.
(4) Reimbursement of the costs of the inspection of imports of organic products from third countries by the State Veterinary Administration in the framework of border veterinary checks is governed by veterinary law 84).
(1) The Ministry may conclude an agreement with the State Organisation19) or may, on the basis of the results of the procedure carried out in the form of a selection of applications 21) conclude a public contract with a legal person on the basis of which the delegate is entitled to issue a certificate of a bioproduct, a biofood or other bioproduct and carry out checks and other professional activities. The designated person who is an organisational body of the State shall be considered as a control body and the designated person who is a legal person shall be considered as a control body under the directly applicable European Union66).
(2) The staff of the authorised person and other persons responsible for carrying out the inspection (hereinafter referred to as "the person responsible") of the applicant, the organic farmer, the producer or supplier of organic feed (6) or the supplier of organic plant propagating material shall have at least a secondary education with a graduate examination of 22) and a minimum of 5 years of professional experience in agriculture or food or veterinary and veterinary prevention or higher education (24) of the relevant direction and at least 1 year of professional experience.
(3) The person inspecting the applicant of a biofood producer or the person who places the biofood or bioproducts on the market shall have at least a middle education with a graduate examination of 22) and at least 5 years of professional experience in agriculture, forestry or food and food chemistry or higher education in the relevant direction and at least 1 year of professional experience.
(4) The person carrying out the inspection under this law shall be obliged to maintain confidentiality regarding the facts which he or she has learned during the course of the inspection.
(5) The Ministry's procedure for the recognition of professional qualifications and other competence for the launch and pursuit of dependent or independent regulated activities on the territory of the Czech Republic, where the professional qualifications for the pursuit of such activities have been acquired or carried out in another Member State by nationals of Member States or their family members, is governed by specific legislation26).
(1) The contract referred to in Article 29 (1) shall be concluded by the Ministry for an indefinite period. The contract shall contain a period of notice and the grounds for which the Ministry may terminate the contract, including in particular an infringement of the obligation of the delegate provided for by this law. This shall be without prejudice to any other means of ending the contractual relationship with the delegate referred to in Article 33 (b) of Regulation (EU) 2017 / 625 of the European Parliament and of the Council.
(2) The person carrying out the inspection shall demonstrate his identity and submit a mandate to carry out the inspection from the authorised person.
Transfers of natural persons
(1) A natural person commits an offence by:
(a) use terms referring to organic production29 in contravention of the directly applicable European Union regulation governing organic production and labelling;
(b) imported from a third country and marketed as an organic product which does not comply with the requirements of the directly applicable European Union organic production and labelling regulation (30);
(c) infringes the obligation imposed by a special measure under Paragraph 34 (1);
(d) use products and substances contrary to the directly applicable European Union organic production and labelling regulation 31),
(e) does not keep records of organic production in accordance with the directly applicable European Union organic production and labelling provisions 32),
(f) in contravention of the directly applicable European Union organic production regulation and labelling of organic products, it shall not produce, update or maintain a description of the economic unit and records of the measures taken (33);
(g) uses chemically synthesised allopathic veterinary medicinal products or antibiotics in animal rearing in contravention of the directly applicable European Union organic production and labelling regulation (35);
(h) fail to comply with the rules on the conversion to organic production in accordance with the directly applicable European Union rules governing organic production and labelling of organic products36);
(i) in contravention of the directly applicable European Union organic production regulation and labelling of organic products, it shall not clearly divide the farm into an organic farm and other operating units or retain land, animals and products intended for conventional productionseparately from land, animals and products used for organic production37); or
(j) fails to fulfil any other obligation laid down by directly applicable European Union rules governing organic production and labelling (1).
(2) A penalty may be imposed in respect of an offence:
(a) 100 000 CZK if the offence referred to in paragraph 1 (a), (b), (c) or (d) is committed;
(b) 50 000 CZK if the offence referred to in paragraph 1 (g), (h) or (i) is committed;
(c) 20 000 CZK if the offence referred to in paragraph 1 (e), (f) or (j) is committed.
Transfers of legal persons and business natural persons
(1) A natural person, legal or business, as a person engaged in organic farming, commits an offence by:
(a) in contravention of the directly applicable European Union rules governing organic production and labelling of organic products, use seed or other plant propagating material not obtained by organic production (67);
(b) does not keep records of organic production in accordance with the directly applicable European Union Regulation governing organic production and labelling of organic products 32),
(c) in contravention of the directly applicable European Union organic production regulation and labelling of organic products, it shall not produce, update or maintain a description of the economic unit and records of the measures taken (33);
(d) as an organic farmer, shall not notify the Ministry of the fact referred to in Article 7 (1);
(e) in contravention of Article 10, it shall not take appropriate measures to limit the effects of harmful effects on organic land;
(f) in contravention of the directly applicable European Union organic production regulation and labelling of organic products80), the amount of nitrogen fixed per year and per hectare of agricultural land,
(g) in contravention of the directly applicable European Union organic production regulation and labelling of organic products81), places on the farm animals originating from conventional farming without the permission of the Ministry,
(h) in the case of the rearing of animals or the production of algae or aquaculture animals, the conditions laid down in the directly applicable European Union provisions governing organic production and labelling of organic products69);
(i) in contravention of the directly applicable European Union organic production regulation and labelling of organic products, it shall not ensure the unequivocal identification of bioproducts, biofoodstuffs or other bioproducts70 in storage;
(j) in contravention of the directly applicable European Union organic production regulation and labelling of organic products, it shall not separate the production of organic feed or food from other processed feed or food 71),
(k) failure to comply with the rules on the conversion to organic production in accordance with the directly applicable European Union rules governing organic production and labelling of organic products; 36),
(l) use, for the cultivation of plants, animal husbandry and organic food production, products and substances contrary to the directly applicable European Union rules governing organic production and labelling of organic products; 31),
(m) in contravention of the directly applicable European Union organic production regulation and the labelling of organic products, it shall not clearly divide the farm into an eco-farm and other operating units or retain land, animals and products intended for conventional production separately from land, animals and products used for organic production37);
(n) use genetically modified organisms or products derived from genetically modified organisms in contravention of the directly applicable European Union organic production and labelling regulation 73),
(o) in contravention of the directly applicable European Union organic production and labelling regulation (82), it shall not take sufficient precautions to prevent the presence of unauthorised products and substances; or
(p) fails to fulfil any other obligation laid down by directly applicable European Union organic production and labelling regulations (1).
(2) A natural person, legal or business, commits an offence by:
(a) use terms referring to organic production29 in contravention of the directly applicable European Union regulation governing organic production and labelling;
(b) imported from a third country and marketed as an organic product which does not comply with the requirements of the directly applicable European Union organic production and labelling regulation (30);
(c) infringes the obligation imposed by a special measure under Paragraph 34 (1); or
(d) in contravention of the directly applicable European Union organic production and labelling regulation (83) prior to the placing on the market of bioproducts, biofoodstuffs, other bioproducts or such products from a transitional period or before a transitional period, it shall not submit an application for registration pursuant to Article 6.
(3) The authorised person commits an offence by:
(a) fails to comply with the information obligation under the directly applicable European Union organic production and labelling regulation (74);
(b) in contravention of the directly applicable regulation of the European Union governing official control84), fails to comply with the general obligations of organic production control authorities;
(c) in contravention of the provisions directly applicable in the European Union concerning official controls 85), fails to comply with the obligations of delegated bodies;
(d) in contravention of the directly applicable European Union organic production regulation and the labelling of organic products at first inspection, they shall not properly verify the overall description of the unit or activity and all measures taken for the checked person (77);
(e) in contravention of Article 22 (3), does not indicate the issue of a certificate or the refusal to issue a certificate in the list without undue delay; or
(f) in contravention of a directly applicable European Union regulation governing official control86), it shall not take action in the event of a finding of non-compliance.
(4) A penalty may be imposed in respect of an offence:
(a) CZK 2 000 000, if it is an offence referred to in paragraph 2,
(b) CZK 250,000 if the offence referred to in paragraph 1 (l), (m), (n) or (3),
(c) 100 000 CZK if the offence referred to in paragraph 1 (i), (j), (k) or (o) is committed;
(d) 70 000 CZK if the offence referred to in paragraph 1 (h) is committed;
(e) 20 000 CZK if the offence referred to in paragraph 1 (a), (b), (c), (d), (e), (f), (g) or (p) is committed.
Common provisions on infringements
The transfers under this law are discussed by the Ministry.
Specific measures
(1) By decision, the Ministry shall impose specific measures in accordance with the directly applicable European Union rules governing organic production and labelling (1) in the case of non-compliance under Regulation (EU) 2018 / 84878 of the European Parliament and of the Council or in the case of suspected non-compliance under Regulation (EU) 2018 / 84879 of the European Parliament and of the Council.
(2) Decomposition against the decision on a specific measure does not have suspensory effect.
TRANSITIONAL AND FINAL PROVISIONS
Authorisation provisions
The Ministry shall issue a decree for implementation of Sections 4 (1), 14 (2) and 23.
Amendment of the Administrative Charges Act
In the tariff of administrative fees listed in the Annex to Act No. 368 / 1992 Coll., on administrative fees, as amended by Act No. 85 / 1994 Coll., Act No. 273 / 1994 Coll., Act No. 36 / 1995 Coll., Act No. 301 / 1995 Coll., Act No. 153 / 2000 Coll., Act No. 305 / 1997 Coll., Act No. 149 / 1998 Coll., Act No. 157 / 1998 Coll., Act No. 117 / 1998 Coll., Act No. 133 / 1999 Coll., Act No. 151 / 1999 Coll., Act No. 166 / 1999 Coll., Act No. 63 / 1999 Coll.
Organic farming
Heading 163
(a) Application for registration of an organic entrepreneur for organic farming on an eco-farm CZK 1000, -
b) Application for registration of land newly included in the transitional period CZK 500, -
Note:
The submission of an application for registration charged under this item is provided for in Sections 6 (8) and 9 (1) of Act No. 242 / 2000 Coll., on organic farming and amending Act No. 368 / 1992 Coll., on administrative fees, as amended. '
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Regulation Information
| Citation | Act No. 242 / 2000 Coll., on Organic Agriculture and amending Act No. 368 / 1992 Coll., on Administrative Charges, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.08.2000 |
|---|---|
| Effective from | 01.01.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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