Act No. 247 / 2022 Coll.
Act amending Act No. 242 / 2000 Coll., on Organic Agriculture and amending Act No. 368 / 1992 Coll., on Administrative Charges, as amended, as amended, and Act No. 146 / 2002 Coll., on State Agricultural and Food Inspection and on the amendment of certain related acts, as amended
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Effective from 01.10.2022
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01.10.2022
31.08.2022
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247
THE LAW
of 10 August 2022
amending Act No. 242 / 2000 Coll., on organic farming and amending Act No. 368 / 1992 Coll., on administrative fees, as amended, and Act No. 146 / 2002 Coll., on State Agricultural and Food Inspection and amending certain related acts, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Organic Agriculture Act
Act No. 242 / 2000 Coll., on organic farming and amending Act No. 368 / 1992 Coll., on administrative fees, as amended, as amended, as amended, Act No. 320 / 2002 Coll., Act No. 553 / 2005 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 344 / 2011 Coll. and Act No. 183 / 2017 Coll., is amended as follows:
1. In footnote 1, the first sentence is replaced by the sentence "Regulation (EU) 2018 / 848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834 / 2007, as amended. 'and at the end of the text of the footnote, the sentence" Regulation (EU) 2017 / 625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities carried out to ensure the application of food and feed rights and rules relating to animal health and animal welfare, plant health and plant protection products (EU) No 652 / 2014, (EU) No 396 / 2005, (EC) No 1069 / 2009, (EC) No 1107 / 2009, (EU) No 1151 / 2012, (EU) No 652 / 2014, (EU) 2016 / 429 / 2031.
2. In Section 1, the word "certification 'is replaced by" certification'.
3. In Paragraph 2 (1), the words "and carry out the tasks entrusted to the Member State 'shall be inserted after the words" by the institution'.
4. Paragraph 2 (2) is deleted and paragraph 1 is deleted.
5. in Article 3 (1) (a), the words "or livestock 2)" shall be replaced by the words "animal by veterinary law 2) or seed and other propagating material of plants," and the words "European Union3" shall be replaced by the words "directly applicable European Union3";
Footnote 3:
"(3) Article 2 (1) (a) of Regulation (EU) 2018 / 848 of the European Parliament and of the Council."
6. in Paragraph 3 (1) (b), the word "regulations" shall be replaced by "directly applicable rules."
footnote 4:
"(4) Article 2 (1) (b) of Regulation (EU) 2018 / 848 of the European Parliament and of the Council. ';
(7) footnotes 5 and 6 shall read:
"5) For example, Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, as amended, Decree No. 58 / 2018 Coll., on Food Supplements and Food Composition, Decree No. 253 / 2018 Coll., on Requirements for extraction solvents used in food production.
(6) Article 2 (1) (c) of Regulation (EU) 2018 / 848 of the European Parliament and of the Council. '
8. in Article 3 (1) (c), the words "or organic propagating material (7) ', including footnote 7, and the references to the footnote are deleted;
9. in Paragraph 3 (1) (d), the word "entrepreneur" shall be replaced by the words "natural or legal farmer."
10. in Paragraph 3 (1) (e), including footnote 9,
"(e) a person engaged in organic farming by an organic farmer, a biofood producer (9), a person who places organic food or bioproducts on the market (9), a producer or supplier of organic feed (6) or a supplier of organic plant propagating material;
9) Act No. 110 / 1997 Coll., as amended. '
11. in Article 3 (1) (f), the word "entrepreneur" is replaced by the word "farmer."
12. in Article 3 (1) (g), the words "including water" shall be inserted after the words "land."
13. in Paragraph 3 (2), the word "Regulation" shall be replaced by "Regulation directly applicable."
14. in Article 4 (3), the word "entrepreneur" is replaced by the word "farmer."
15. in Article 6 (1), the words "in accordance with European Union10 (hereinafter referred to as" the applicant ") shall be inserted" (hereinafter referred to as "the applicant") shall be replaced by the words "(hereinafter referred to as" the applicant ")."
Footnote 10:
"(10) Article 34 of Regulation (EU) 2018 / 848 of the European Parliament and of the Council. ';
16. footnote 60 reads as follows:
"(60) Article 10 of Regulation (EU) 2018 / 848 of the European Parliament and of the Council. ';
17. in Paragraph 6 (2):
"(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.
18. in Article 6 (3), the words "certificate of origin of a bioproduct, a biofood or other bioproduct" shall be replaced by the words "certificate referred to in Article 35 of Regulation (EU) 2018 / 848 of the European Parliament and of the Council";
19.
"11) § 2652 et seq. of the Civil Code. '.
20. in Articles 6 (4) (c) and 6 (6) (c), the word "regulations" is replaced by "directly applicable rules."
Footnote 12 reads:
"(12) Article 34 (1) and (3) of Regulation (EU) 2018 / 848 of the European Parliament and of the Council. '.
21. in Article 6 (5) and Article 28, the word "regulations" shall be replaced by "directly applicable rules."
22. in Article 6 (6) (b), the words "including water areas" shall be inserted after the words "land."
23. Footnote 13:
"13) Act No. 256 / 2013 Coll., on the Real Estate Register (cadastral law), as amended. '
24. in Article 6 (8), the words "and the certificate of activity in organic farming" shall be inserted after the word "registration."
25. in Paragraph 6 (8), "entrepreneurs" is replaced by "farmers."
26. in Paragraph 6 (10), the words "laying down implementing legislation" shall be replaced by the words "the Ministry shall publish on its website."
27. in Paragraph 7 (1):
"(1) Where the land area of an eco-farm is changed, including water areas, the organic farmer shall be 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 to the land use register according to user relationships, in accordance with special legislation14, and in the list. ';
28. in Article 8 (1) (b), the word "regulations" shall be replaced by "directly applicable rules."
29. in Paragraph 8 (2) (a) read:
"(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, in justified cases, even repeatedly, '.
30. In Article 8 (2) (b), the word "plant" and the words "1 certificate on a biofood or other bioproduct, and during each calendar year at least one certificate on a biofood or other bioproduct per calendar year" shall be replaced by the words "one certificate on a biofood, a bioproduct or a other bioproduct, and during the next calendar years at least one certificate on a biofood, a bioproduct or another bioproduct per 24 months."
31. in Article 8, the following paragraphs 4 and 5 are inserted after paragraph 3:
"(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 revoked, withdraw the organic farming activity certificate and the certificate on biofood, bioproduct or other bioproduct. ';
Paragraph 4 shall become paragraph 6.
32. in Article 9 (1), the words "concerning the origin of livestock and their farming conditions, catastrophic situations and the authorisation of agricultural ingredients from conventional production" shall be inserted after the words "farming."
33.
"(63) Article 22, Article 25 and Annex II, Part II, points 1.3.4.4., 1.3.4.4.3., 1.7.5., 1.7.8., 3.1.2.1 and 3.2.1. point (d) of Regulation (EU) 2018 / 848 of the European Parliament and of the Council. ';
34. in Articles 9 (4), 9 (5) (a) and 9 (5) (c), the word "plants" shall be inserted after the word "material."
35. footnote 64 reads as follows:
"(64) Annex II, Part II, point 1.8.5.1.
36. in Articles 9 (5) (a) and 9 (5) (c), the word "vegetative" shall be replaced by "next."
37. in Paragraph 9 (5) (b), the word "vegetative" shall be replaced by "further" and the word "plants" shall be inserted after the word "material."
38. In Article 9 (6), the words "and other plant propagating material 'shall be inserted after the word" varieties' and the words "seed 'shall be inserted after the word" plant propagating material'.
39. Footnote 65 reads:
"(65) Article 26 of Regulation (EU) 2018 / 848 of the European Parliament and of the Council. ';
40. In Article 9, the following paragraph 7 is added:
"(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. ';
41. in Article 10 and in Article 33a (1) (d), the word "entrepreneur" shall be replaced by "farmer."
(42) footnote 16 reads as follows:
"(16) Article 14 (1) and Annex II, Part II, point 1.4.2.1. of Regulation (EU) 2018 / 848 of the European Parliament and of the Council.";
43. In Paragraph 14 (2), the word "rabbits' is replaced by the word" insects' and the words "European Union Regulations' are replaced by the words" European Union provisions directly applicable).
44. In Title IV, the word "CERTIFICATE 'is replaced by" CERTIFICATE'.
45. In Section 22, the words "Certificate of origin 'are replaced by the words" Certificate'.
46. in Paragraph 22 (1):
"(1) The certificate shall be issued by the authorised person on request within 30 days of the date of the inspection, for plant products grown on arable land and plant products from permanent crops at the latest by the harvest of the crop concerned, 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 provisions). This certificate shall be kept by a person engaged in organic farming for a period of 5 years. ';
47. in Article 22 (2), the word "certificate" is replaced by "certificate."
48. In Article 22, the following paragraph 3 is added:
"(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. ';
49. Footnote 18 reads:
"(18) Article 30 to 33 of Regulation (EU) 2018 / 848 of the European Parliament and of the Council. ';
50. Paragraph 23 (2) is deleted and paragraph 1 is deleted.
51. In Section 23, the second sentence is replaced by the sentence "Packed bio-food, certified in the Czech Republic and not intended for foreign market, is also marked on the packaging with the graphic character according to the third sentence." The sentence "Packed bio-food intended only for foreign market, other than packaged bio-food, bioproduct and other bioproduct certified in the Czech Republic may also be marked with a graphic character, the form of which is laid down in the implementing legislation. This graphic character may be used only for the purposes of this Act or directly applicable European Union1 regulations) and in accordance with them. ';
52. In Paragraph 28, the current text becomes paragraph 1 and paragraphs 2 to 4 are added, including footnotes 80 to 84:
"(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).
80) Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, as amended. Act No. 146 / 2002 Coll., on State Agricultural and Food Inspection and on the amendment of certain related laws, as amended. Act No. 166 / 1999 Coll., on Veterinary Care and on the amendment of certain related laws (Veterinary Act), as amended. Act No. 147 / 2002 Coll., on the Central Audit and Examination Institute of Agriculture and on the amendment of certain related laws (Act on the Central Audit and Examination Institute of Agriculture), as amended.
81) Decree No. 132 / 2015 Coll., on the rate of reimbursement of the costs of analyses carried out by laboratories of the State Agricultural and Food Inspection for inspection purposes, as amended.
82) Decree No. 221 / 2002 Coll., laying down the schedule of reimbursement of the costs of professional and test operations carried out under the responsibility of the Central Audit and Examination Institute of the Agricultural, as amended.
(83) Decree No. 227 / 2008 Coll., which sets the amount of the flat-rate amount of the costs of the additional check, the costs incurred in verifying compliance with the specifications and costs incurred by the competent authorities in connection with the entry or import of food and raw materials from third countries (the standard cost order), as amended.
84) Paragraph 75 (5) of Act No. 166 / 1999 Coll., as amended. '
53. In Paragraph 29 (1), the words "certificates of origin 'are replaced by the words" certificates'.
54. Footnote 66 reads as follows:
"(66) Article 3 (56) of Regulation (EU) 2018 / 848 of the European Parliament and of the Council. '
55. Paragraph 29 (2), including footnote 22, reads as follows:
"(2) The staff of the authorised person and other persons responsible for carrying out the inspection (hereinafter referred to as the person responsible for checking) of the applicant, the organic farmer, the producer or the 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.
22) Paragraph 58 (1) (c) of Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended. '
56. Paragraph 29 (3) reads:
"(3) The person inspecting the applicant of a biofood producer or the person who places bio-food 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. ';
57. In Paragraph 30 (1), the words "directly applicable European Union organic production and labelling regulation (27)" shall be replaced by "Article 33 (b) of Regulation (EU) 2017 / 625 of the European Parliament and of the Council."
footnote 27 is deleted.
58. footnotes 29 to 32 read:
"(29) Article 30 of Regulation (EU) 2018 / 848 of the European Parliament and of the Council.
30) Article 45 of Regulation (EU) 2018 / 848 of the European Parliament and of the Council.
31) Article 24 of Regulation (EU) 2018 / 848 of the European Parliament and of the Council.
32) Article 39 (1) (a) of Regulation (EU) 2018 / 848 of the European Parliament and of the Council. ';
59. In § 33 (1) (f) and § 33a (1) (c), the word "does not update" is inserted after the word "does not."
60. footnote 33 reads as follows:
"(33) Article 39 (1) (d) of Regulation (EU) 2018 / 848 of the European Parliament and of the Council. ';
61.In Paragraph 33 (1), point (g), including footnote 34, is deleted.
Points (h) to (k) shall be renumbered as points (g) to (j).
62.
"(35) Article 14 (1) and Annex II, Part II, point 1.5. of Regulation (EU) 2018 / 848 of the European Parliament and of the Council.";
63. Footnote 36 reads:
"(36) Article 10 (1), Annex II, Part I, point 1.7 and Annex II, Part II, point 1.2 of Regulation (EU) 2018 / 848 of the European Parliament and of the Council."
64.
"(37) Article 9 (7) of Regulation (EU) 2018 / 848 of the European Parliament and of the Council. ';
65.In Paragraph 33 (2) (b), "(h), (i) or (j)" is replaced by "(g), (h) or (i)."
66.In Paragraph 33 (2) (c), "(g) or (k)" is replaced by "or (j)."
67.In Article 33a (1) (a), "vegetative propagating material" is replaced by "other propagating material of plants."
68.
"(67) Article 12 (1) and Annex II, Part I, point 1.8. of Regulation (EU) 2018 / 848 of the European Parliament and of the Council. ';
69. In Article 33a (1) (e) to (g), including footnotes 80 and 81:
"(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,
80) Article 12 (1) and Annex II, Part I, point 1.9.4 of Regulation (EU) 2018 / 848 of the European Parliament and of the Council.
81) Article 14 (1) and Annex II, Part II, point 1.3 of Regulation (EU) 2018 / 848 of the European Parliament and of the Council. ';
footnote 68 is deleted.
70. in Article 33a (1) (h), the words "animal housing conditions" are replaced by the words "animal husbandry or production of algae or aquaculture animals."
(71) footnotes 69 to 71 read:
"69) Article 14 (1), Annex II, Part II, points 1.2 to 1.9 and Annex II, Part III, points 1 to 3 of Regulation (EU) 2018 / 848 of the European Parliament and of the Council.
70) Article 9 (10) (b) and Annex III (7) of Regulation (EU) 2018 / 848 of the European Parliament and of the Council.
71) Article 9 (10) (a) of Regulation (EU) 2018 / 848 of the European Parliament and of the Council. '
72.In Paragraph 33a (1) (l), the reference to footnote 72 is replaced by a reference to footnote 31.
footnote 72 is deleted.
73.
"(73) Article 11 of Regulation (EU) 2018 / 848 of the European Parliament and of the Council. ';
74. In Article 33a (1), the word "or" shall be deleted at the end of point (n).
75. in Paragraph 33a (1), the following point (o) is inserted after point (n):
"(o) in contravention of the directly applicable European Union organic production regulation and labelling of organic products82), shall not take sufficient precautions to prevent the presence of unauthorised products and substances; or
82) Article 28 of Regulation (EU) 2018 / 848 of the European Parliament and of the Council. '
Point (o) shall be renumbered as point (p).
76. in Article 33a (2) (b), the word "or" shall be deleted;
77. In Paragraph 33a, at the end of paragraph 2, the dot is replaced by "or 'and the following point (d) is added:
"(d) in contravention of the directly applicable European Union organic production regulation and labelling of organic products83) before 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.
(83) Article 34 (1) of Regulation (EU) 2018 / 848 of the European Parliament and of the Council. '
78.
"(74) Article 40 (10) of Regulation (EU) 2018 / 848 of the European Parliament and of the Council. ';
79.Paragraph 33a (3) (b) and (c), including footnotes 84 and 85, read:
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Regulation Information
| Citation | Act No. 247 / 2022 Coll., amending Act No. 242 / 2000 Coll., on Organic Agriculture and amending Act No. 368 / 1992 Coll., on Administrative Charges, as amended, as amended, and Act No. 146 / 2002 Coll., on State Agricultural and Food Inspection and on the amendment of certain related acts, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.08.2022 |
|---|---|
| Effective from | 01.10.2022 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 57
The regulation text is for informational purposes only.
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