Act 248 / 2022 Coll.
Act amending Act No. 97 / 1996 Coll., on the Protection of Hops, as amended
Valid
Law
Effective from 01.10.2022
Text versions:
01.10.2022
31.08.2022
248
THE LAW
of 10 August 2022
amending Act No. 97 / 1996 Coll., on the Protection of Hops, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 97 / 1996 Coll., on the protection of hops, as amended by Act No. 68 / 2000 Coll., Act No. 258 / 2000 Coll., Act No. 322 / 2004 Coll., Act No. 441 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 281 / 2009 Coll. and Act No. 183 / 2017 Coll., is amended as follows:
1. Paragraph 1, including the title and footnote 1, reads as follows:
Preliminary provisions
This law regulates the labelling and verification of hops, checks on the processing, mixing and putting into circulation of hop products, lays down hop areas and hop positions and regulates the performance of the administration, including the state supervision of compliance with the obligations laid down by this law and the provisions directly applicable to the European Union, and infringements in this field.
1) Commission Regulation (EC) No 1850 / 2006 of 14 December 2006 laying down detailed rules for the certification of hops and hop products, as amended. Commission Regulation (EC) No 1299 / 2007 of 6 November 2007 on the recognition of producer groups in the hops sector, as amended. Commission Regulation (EC) No 1295 / 2008 of 18 December 2008 on the import of hops from third countries, as amended. Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922 / 72, (EEC) No 234 / 79, (EC) No 1037 / 2001 and (EC) No 1234 / 2007, as amended. Article 2
2. Paragraph 2 (1) is deleted and paragraph 2 is deleted.
3. In Article 2 (b), the words "land planted with hop plants and fitted with a hop structure, the area of which, in accordance with the Regulation with immediate effects (2a), shall be replaced by the words" agricultural land with permanent hop crops, which is equipped with a support establishment for the cultivation of hops (hereinafter referred to as "the construction ')';
footnote 2a is deleted.
4. the following Section 3a is inserted after Section 3, including the title and footnote 19:
Planting of hops
Only seed put into circulation in accordance with the Law on the circulation of seeds and seed19 may be used for the establishment of hops or the introduction of missing plants in the hops.
19) Act No. 219 / 2003 Coll., on the putting into circulation of seeds and propagating plants and amending certain laws (Act on the circulation of seed and planting plants), as amended. '
5. Paragraph 4, including the title and footnote 4, reads as follows:
Registration of hops
(1) Chmelnice is subject to the register kept by the Institute. The register of hops is not publicly available. The hops shall be recorded according to hop areas, cadastral areas and producers. The Institute shall keep a separate set of hop registers for each cadastral territory. The register of hops contains:
(a) the indication of the hop area and the hop position,
(b) the registration number of the hops and, where appropriate, its name;
(c) the numbers of the land block parts kept in the land use register according to user relations under the Agricultural Act (4);
(d) cadastral territory;
(e) the parking numbers by cadastral;
(f) the name of the hop variety and the category and generation of propagating material;
(g) the buckle details; the buckle means the distance of the plants in the series and the distance of the rows of plants between them,
(h) the month and year of the establishment of the hops;
(i) the total area area of hops in accordance with the land use register according to user relations under the Agriculture Act, which means the sum of the area
1. a production whose boundary is formed by the links of each of the two adjacent anchors in the perimeter of the structure; and
2. an auxiliary belt of soil in the direction of rows to the right and to the left with a width equal to the average width of the interline and a belt of soil at the edges of the hop lines, a maximum width of 8 metres from the anchor line at the end of the line, not forming part of the public road;
(j) a crop area planted with hops on which standard agri-technical interventions are carried out for the purpose of harvesting;
(k) an area not planted, comprising a production area without hop plants, which shall be planted with hop plants within 5 years;
(l) a production-free area planted with hop plants from which hop heads are temporarily harvested,
(m) information on the producer; and
(n) proof of origin of the seed (19).
(2) The producer who has newly established the hops must ask the Institute for the inclusion of the hops in the hop register no later than 30 days after the planting.
(3) The application for the inclusion of hops in the register referred to in paragraph 1 shall include, in addition to the general requirements of the administrative procedure, information on:
(a) the number of the part of the soil block kept in the land use register in accordance with the userrelations provided for in the Act on Agriculture (4) or the parcustoms number and the cadastral territory;
(b) the total area of the hops, including the area of the production area and the assisted area; and
(c) planted with a variety of hops accompanied by proof of the origin of the seed (19).
(4) The application for the inclusion of hops in the hop register referred to in paragraph 3 shall be accompanied by the legal grounds for use of the parcel on which the hops are situated. If the producer is the owner of the hop plant at the same time and this can be ascertained from public registers, the legal reason for the use of the land is not substantiated.
(5) If the application has the formalities referred to in paragraph 3, the Institute shall assign the registration number of the newly established hop plant. The producer shall mark the hops with this registration number in a visible manner and maintain the mark throughout the period of inclusion of the hops in the hop register. The marking shall be carried out by marking the hops with the assigned registration number on the corner pillars of the structure in such a way that the registration number cannot be damaged by mechanical means.
(6) The model of the application for inclusion of hops in the register of hops is published by the Institute on its website.
4) Article 3a of Act No. 252 / 1997 Coll., on Agriculture, as amended. '
6. The following Section 4a is inserted after Section 4:
Changes in the register of hops
(1) The transfer of the register of hops to another producer shall be decided by the Institute upon request. The application for conversion of the register of hops shall be submitted by the person to whom the register of hops is to be transferred. This application shall contain, in addition to the information referred to in Article 4 (3), the registration number of the hops. The application for conversion of the register of hops shall be accompanied by the legal grounds for use of the parcel on which the hops are situated and by the consent of the producer to transfer the register of hops to another producer. Where the producer to whom the register of hops is transferred is the owner of the hops and this can be ascertained from public registers, the legal reason for the use of the parcel and the consent is not substantiated.
(2) The producer shall notify the Institute within 30 days of the change.
(a) a change in the producer's data;
(b) a change in the state of the hops which means:
1. the abolition of hops,
2. ploughing of the crop or part of the crop in the hop,
3. leaving the hop without production;
4. the introduction of ploughed hops; or
5. the restoration of the production-free hops;
(c) the presence of missing plants in the hops in the case of more than 10% of the initial number of seedlings in the hops; the hops may be planted with the same variety or clone; the origin of the seed obtained shall be supported by proof of the origin of the seed (19); and
(d) a change in the area of hops.
(3) If the producer notifies the cancellation of the hops referred to in paragraph 2 (b) (1), the Institute shall decide to exclude the hops from the register of hops.
(4) Chmelnici, which is without construction, leads the Institute in the register of hops as production-free. The time of registration of hops without construction may take no more than 5 years, otherwise the Institute will decide to exclude hops from the register of hops.
(5) Where the Institute finds a discrepancy between the data kept in the hop register and the facts, it shall be entitled to initiate an ex officio procedure to update the data kept in the hop register. In such a case, the Institute shall invite the producer concerned to submit his written observations within a time limit which may not be less than 15 days from the date of receipt of the call.
(6) The model of the application for conversion of the register of hops to another producer and the announcement of changes in the register of hops is published on its website. '
7.
Labelling and securing of hops and producer declarations
(1) The producer shall mark each container with the hop label and ensure that it is prevented from opening the label or seal. Labels and seals shall be issued by the Institute on request; the seals shall be issued by the Institute for payment.
(2) At the end of the harvest and the labelling of all hop packages, the producer shall be required to make a declaration by the producer of the number and weight of the labelled hops packaging according to the cadastral territories and varieties of hops. It shall forward the declaration with the unused label to the Institute without undue delay but no later than 30 November of the relevant calendar year.
(3) The producer shall indicate in the producer's declaration referred to in paragraph 2:
(a) details of the producer, namely:
1. the name and, where appropriate, the name, surname, date of birth and address of the place of permanent residence of the person, if any, if it is a natural person; or
2. name or business name, identification number of the person or similar figure and address of the registered office, if any, if any, name, surname, date of birth, address of the place of permanent residence of the person or persons who are members of his statutory authority, if not a citizen of the Czech Republic or a citizen of a Member State of the European Union; where a legal person, name or business name, identification number of the person or similar indication and address of the registered office are a member of its statutory body,
(b) the variety of hops,
(c) cadastral territory;
(d) the hops region; and
(e) the marking number and the weight and number of hops packaging and the year of harvest.
(4) The model of the producer's declaration and the application for the allocation of labels shall be published on the Institute's website. "
8. the following Section 5a is inserted after Section 5, including the title and footnote 20:
Verification of hops and hop products
(1) Verification of hops or hop products shall declare their origin and quality; the verification shall include the labelling of hops by producers and the control of the origin and quality of hops or hop products by the Institute.
(2) Verification of hops or hop products shall be initiated by the Institute upon request for verification of hops or hop products. In addition to the general procedural requirements laid down in the Administrative Rules, the application shall contain those laid down in the directly applicable European Union20).
(3) For the purposes of verifying hops or hop products, the Institute shall carry out a verification centre in accordance with Section 10.
(a) checking the completeness of the information provided in the application for verification of hops or hop products;
(b) checking the origin of hops by labelling and checking of hop products by certification mark and instrument weight;
(c) removal of labels, verification marks and seals from packaging;
(d) monitoring the treatment of hops and the processing of hop products;
(e) sealing or sealing of hops or hop products;
(f) the labelling of hops packaging, indicating whether the hops are treated or not; and
(g) the identification of the weight of hops, the issue of the instrument of gravity and the certificate.
(4) The Institute shall verify by the producer the designated hops originating in the hop regions and hop plants registered in accordance with Article 4 which meet the requirements laid down directly in the applicable provisions of the European Union20) and hop products produced from certified hops or certified hop products. The Institute shall verify the hops or hop products of the Member State and hops or hop products originating in third countries if they comply with the requirements laid down directly applicable European Union20).
(5) If the Institute finds that the conditions for the issue of the certificate referred to in paragraphs 2 to 4 and the directly applicable European Union20 have been met, it shall issue a certificate, otherwise it shall decide to reject the application.
(6) The written documents on the verification of hops or hop products, the text on the label, the seal and the certificate shall be drawn up in the Czech language or, where appropriate, on request in a bilingual language, in the Czech and English languages.
(7) The model of the application for verification of hops or hop products and the application for verification of hops or hop products imported from third countries shall be published on its website.
20) Commission Regulation (EC) No 1850 / 2006, as amended. Commission Regulation (EC) No 1295 / 2008, as amended. Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council, as amended. '
9. The heading of Section 6 reads:
"Institute."
10. in Article 6 (a), the words "ensure control" shall be replaced by the words "carry out control" and the words "European Communities, 1)" shall be replaced by the words "directly applicable European Union1," ';
11. in Article 6, the words "and hop products" shall be added at the end of the text of point (d).
12. in Article 6 (e):
"(e) carry out checks on hops registered in the hop register to verify the data kept in the hop register;"
13. in Article 6, at the end of point (f), the dot is replaced by a comma and the following point (g) is added:
"(g) publish and regularly update on its website a list of its designated verification centres."
14. Article 7, including the title and footnote 5, reads:
State Agricultural Intervention Fund
The State Agricultural Intervention Fund, as part of the implementation of measures taken by common market organisations (5), decides on the recognition of hop producer groups.
5) Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and amending certain other laws (Act on the State Agricultural Intervention Fund), as amended. § 2b of Act No. 252 / 1997 Coll., as amended. '
15. Article 7a, including the title and footnotes 6 and 6a, shall be deleted.
16. in Article 8 (1) of the Introductory Part of the provision, the words "or practising physical" and the words "European Community provisions" shall be replaced by the words "directly applicable European Union provisions on implementing rules for certification of hops and hop products, directly applicable European Union provisions on imports of hops from third countries."
17. in Article 8 (1) (a), the words "into circulation" shall be inserted after the words "into circulation" and the words "origin for circulation or export, 7) 'shall be replaced by the words" original7), ";
footnote 7:
"(7) Article 4 (1) of Commission Regulation (EC) No 1850 / 2006, as amended."
18. in Article 8 (1) (b), the words "hop product" shall be inserted after the words "hop product," the words "product certification" shall be replaced by the words "certificates" and the words "re-packaged, 8) shall be replaced by" re-packaged ";
footnote 8:
"(8) Article 6 (5) and Article 9 (5) of Commission Regulation (EC) No 1850 / 2006, as amended."
19. Footnote 9 reads:
"(9) Article 1 (4) of Commission Regulation (EC) No 1850 / 2006, as amended."
20. in Article 8 (1) (d), the words "hops" shall be inserted after the words "hops" and the words "or hops" shall be inserted after the words "products."
21.
"10) Article 7 (1) of Commission Regulation (EC) No 1850 / 2006, as amended."
22. in Article 8 (1), points (e) to (i), including footnote 11 to 15, are deleted;
Points (j) to (n) shall be renumbered (e) to (i).
23. Footnote 16 reads:
"16) Article 20 (3) of Commission Regulation (EC) No 1850 / 2006, as amended."
24. in Paragraph 8 (1) (f), including footnote 17:
"(f) in free sales, sell the split consignment without issuing documents showing its verification (17);
17) Article 8 (1) of Commission Regulation (EC) No 1295 / 2008, as amended. '
25. in Article 8 (1) (g), the words "unverified" and the words "into circulation, 18)" shall be replaced by "from third countries (18),"
Footnote 18 reads:
"(18) Article 8 (2) of Commission Regulation (EC) No 1295 / 2008, as amended."
26. in Paragraph 8 (1) (h), "2 or 3" is replaced by "1 or 2."
27. in Article 8 (1) (i), "5" is replaced by "2 or § 4a (1) or (2)."
28. in Article 8 (2) (a) to (d), the words "referred to in paragraph" shall be replaced by the words "referred to in paragraph."
29. in Article 8 (2) (a), the text "(m)" is replaced by "h)" and the text "(n)" is replaced by the text "(i)."
30. in Article 8 (2) (b), the text "(g), (h), (i)" shall be deleted and the text "(j)" shall be replaced by "(e)."
31. in Article 8 (2) (c), the text ', (k)' shall be deleted and the text 'l' shall be replaced by 'g';
32. in Article 8 (2) (d), the words "or (e)" shall be deleted;
33. in Paragraph 8 (3), the words "legal persons" are deleted;
34. In Section 9 of the introductory part of the provision, the word "agriculture 'shall be inserted after the word" Ministry'.
35. in Article 9, points (a), (c) and (d) are deleted;
Points (b) and (e) shall become points (a) and (b).
36. in Article 9 (b), the word "certification" is replaced by "certification of hops and hop products."
37. Paragraph 10, including the title and footnote 21, reads as follows:
Verification centre
The Institute shall carry out the verification of hops or hop products at its designated certification centre. The Institute shall designate an establishment as a verification centre which fulfils the following conditions:
(a) the quantity of hops or hop products certified in a spatial and technical manner; and
(b) it is equipped with a certified fixed gauge according to the Metrology Act (21).
21) Act No. 505 / 1990 Coll., on Metrology, as amended. '
Transitional provision
Proceedings initiated under Act No. 97 / 1996 Coll., as effective before the date of entry into force of the Act, which has not been definitively completed by that date, shall be completed under Act No. 97 / 1996 Coll., as effective before the date of entry into force of the Act.
Efficacy
That law shall take effect on the first day of the second calendar month following its publication.
Pekarová Adamová v. r.
Zeman v. r.
Fiala v. r.
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Regulation Information
| Citation | Act No. 248 / 2022 Coll., amending Act No. 97 / 1996 Coll., on the Protection of Hops, 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 |
Legal Areas:
Administrative law
Agriculture
Parliamentary Paper:
Paper No. 138
The regulation text is for informational purposes only.
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