Act No. 26 / 2017 Coll.
Act amending Act No. 321 / 2004 Coll., on Vinohradship and Vinosure and amending certain related laws (Vinohradship and Wine Act), as amended, and certain other laws
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Effective from 01.04.2017
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26
THE LAW
of 17 January 2017
amending Act No 321 / 2004 Coll., on Vinohradship and Vinosure and amending certain related laws (Vinohradship and Wine Act), as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Vineyard and Wine Act
Act No. 321 / 2004 Coll., on wine-growing and wine-growing and amending certain related laws (Act on wine-growing and wine-growing), as amended by Act No. 179 / 2005 Coll., Act No. 411 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 215 / 2006 Coll., Act No. 311 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 256 / 2011 Coll., Act No. 18 / 2012 Coll. and Act No. 199 / 2012 Coll., is amended as follows:
1. The following is added at the end of footnote 1:
"Council Regulation (EC) No 1234 / 2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), as amended.
Regulation (EU) No 1306 / 2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352 / 78, (EC) No 165 / 94, (EC) No 2799 / 98, (EC) No 814 / 2000, (EC) No 1290 / 2005 and (EC) No 485 / 2008, 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.
Commission Delegated Regulation (EU) No 560 / 2015 of 15 December 2014 supplementing Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council with regard to the system of authorisations for vine plantings.
Commission Implementing Regulation (EU) No 561 / 2015 of 7 April 2015 laying down detailed rules for the application of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council as regards the system of authorisations for vine plantings. ';
2. In Article 3 (c), the word "wine 'is deleted.
footnote 16:
"(16) Part XII of Annex I and Part II of Annex VII to Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council. ';
3. In Article 3 (d), the words "forming a coherent whole, 'are deleted and the words" complying' are inserted after the words "legal '.
4. In Article 3 (i), the word "circulation 'is replaced by the word" circulation' 106).
Footnote 106 reads:
"106) Article 3 (8) of Regulation (EC) No 178 / 2002 of the European Parliament and of the Council."
5. In Article 3 (o), the words "produce or designate a product 'are replaced by the words" produce from grapes, rind, most107) or from young wine in the fermentation process by processing it, including its processing for another producer, or by having it processed'.
Footnote 107 reads:
"107) Annex VII, Part II, paragraphs 10 to 13 of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council. ';
6. In Article 3 (p), the words "1 000 hectolitres of wine sold by the retailer to the final retailer 'are replaced by the words" 750 hectolitres of wine in the consumer package or 1 000 litres of barrel wine sold by the retailer'.
7. in Article 3, points (q) and (r) are deleted;
Points (s) and (t) shall be renumbered as points (q) and (r).
8. In Article 3, at the end of point (r), the dot is replaced by a comma and the following points (s) to (z) are added:
"(s) by a commercial intermediary, a natural or legal person buying or selling products in the course of his or her profession or activity, without having the right to use equipment for the storage of such products or holding such products in a storage facility;
(t) an easily legible indication given in such a way that the consumer is able to read that figure by adjusting the font size to the distance from which the consumer can be expected to read it during purchase;
(u) unpackaged wine or other product covered by CN code 2204 or 2205, with the exception of must (107), put into circulation in a packaging other than that intended for the consumer at a stage prior to the sale to the consumer;
(v) the wine or other product referred to under the Combined Nomenclature code 2204 or 2205, with the exception of must (107), intended for sale to the consumer or sold to the consumer from a packaging other than that intended for the consumer;
(w) wine obtained from cider wine sold to the consumer for immediate consumption at the point of sale or packed at the point of sale at the request of the consumer from a disposable packaging intended for the consumer with a single hole for filling and non-replaceable filling valve;
(x) spilled wine wine sold to the consumer for immediate consumption at the point of sale from packaging intended for consumers with a maximum volume of 5 litres;
(y) packaging intended for consumers by means of a one-off or without replacement of a one-off closure, which shall not be refillable at a maximum volume of 20 litres, which at the point of sale, together with its content, shall constitute the consumer sales unit and shall bear, on it or on the label attached thereto, the particulars referred to in European Union, this law and the implementing legislation;
(z) a one-off cap, including the related safety features, which, when opened, loses its functionality and cannot be reused. ';
9. In Article 3, the current text becomes paragraph 1 and the following paragraph 2 is added, including footnote 108:
"(2) For the purposes of this Act:
(a) falsification of the product
1. the application of oenological practices which are contrary to the Annexes to Commission Regulation (EU) No 606 / 2009 laying down certain detailed rules for the application of Council Regulation (EC) No 479 / 2008 as regards the types of grapevine products, oenological practices and restrictions applicable to them, as amended; where the limits are set in those Annexes, their excess shall not be considered as falsification of the product;
2. the addition of water or alcohol referred to in point 1 or 2 of Part II of Annex VIII to Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council 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, or
3. infringement of Articles 103 or 113 of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council, as amended,
(b) by the beneficiary, the food business operator 108), which is indicated in the accompanying document under the European Union70) or under the implementing legislation as the consignee;
(c) the place of delivery, the place to which the product is transported or for the consignee, and where it is landed and stored.
108) Article 3 (3) of Regulation (EC) No 178 / 2002 of the European Parliament and of the Council. '
10. In Section 4, at the end of the text in paragraph 2, the words "the establishment of a crop of rapidly growing timber 109 is excluded in the vineyard line."
Footnote 109 reads:
"109) § 3i of Act No. 252 / 1997 Coll., on Agriculture, as amended."
11. in Article 4 (4) (c), the words "including their territorial delimitation," shall be deleted;
12. Article 7 to 9, including the headings and footnotes 110 to 118, read:
Vine planting permit
(1) New planting and replanting of vines are only possible on the basis of the authorisation granted by the Constitution under the European Union110) and this Act.
(2) The application for authorisation for the planting of vines contains, in addition to the requirements laid down in the administrative rules
(a) details of the planned vineyard with the designation of the cadastral territory, the vineyard line, the parcel number, the area by cadastral territory and the area required;
(b) a document proving the applicant's entitlement to use the land on which vine planting is planned; and
(c) a cut-off of the cadastral map or map background from the land register according to user relations with the location of the land on which vine planting is planned.
(3) The model of the application for authorisation to plant vines will be published by the Ministry on its website.
New vine planting
(1) An application for authorisation for new planting of vines under the European Union111 Code) shall be submitted by the applicant to the Institute during the period 1 January to 28 February of the calendar year concerned.
(2) The Institute shall grant the applicant an authorisation for new vine plantings under the European Union112 Regulation if the total area declared in applications submitted in the relevant calendar year does not exceed the area intended for new vine plantings in that calendar year.
(3) The Institute shall grant the applicant an authorisation for new vine plantings in accordance with a proportional distribution in accordance with European Union113) where the total area declared in applications submitted in the relevant calendar year exceeds that for new vine plantings in that calendar year.
(4) The Institute will grant the applicant an authorisation for the new planting of vines only in areas eligible for the production of wines with a protected designation of origin or a protected geographical indication (114).
(5) In accordance with the procedure referred to in paragraph 3: The Institute shall grant the applicant an authorisation for the new planting of vines preferably for the planting of vineyards which have been approved by the Institute for at least 7 years for experimental purposes or for the production of grafts and for which an approved period of experiment or production of grafts has ended.
(6) Where the area intended for the new planting of vines is not exhausted in the relevant calendar year referred to in paragraph 5, the Institute shall give priority to the applicant for the new planting of vines on the area declared in applications forming part of the vineyard line.
(7) Where the area intended for the new planting of vines is not exhausted in the relevant calendar year referred to in paragraphs 5 and 6, the Institute shall also grant the applicant an authorisation for the new planting of vines on the area declared in applications which are not part of the vineyard line.
(8) The area refused from the area intended for the new planting of vines in the relevant calendar year shall be set aside in the following calendar year as an increase of over 1% of the total area planted with vines, which may be designated under the European Union Regulation for the new planting of vines 115).
Re-planting of vines
(1) The breeder is obliged to notify the Institute that he intends to grubbing up the vineyard in the period 90 to 30 days prior to the beginning of grubbing-up. The Institute shall carry out checks on the planted area before grubber116).
(2) The notification referred to in paragraph 1 shall contain, in addition to the particulars of the application under the administrative rules:
(a) the registration number of the grubbed-up vineyard;
(b) details of the land on which the grubbed-up vineyard is situated, indicating the parcel number by cadastral, the total plot area by cadastral, area planted, area grubbed; and
(c) a document proving the applicant's entitlement to use the land on which the grubbed-up vineyard is situated.
(3) To grubbing up the vineyard, the grower must have the consent of the owner of the parcel on which the vineyard is situated. The consent shall be supported by the breeder of the Institute.
(4) In the event that the grower proves to the Institute that the owner of the land or its residence is unknown, the Institute shall publish for 90 days on the official plate of the municipality in which the land is situated an invitation to the owner of the land to exercise his right of consent or opposition to the grubbing-up of the vineyard. If the owner of the land does not exercise his right to agree or disagree with the grubbing-up of the vineyard within that period, the owner of the land or his residence shall be deemed not to be known and his consent under paragraph 3 shall not be required.
(5) The authorisation for the replanting of vines under European Union117) is granted by the Institute to the grower at his request in an area such as the planted area of the vineyard which has been grubbed up. The application may be lodged by the end of the second wine year following that in which the grubbing-up was carried out.
(6) At the request of the grower, the Institute shall authorise the replanting of vines in the same area as the planted area of the vineyard, also if it also obliges the grower to grubbing up the corresponding area of the vineyard previously planted within 4 years of the introduction of the new vine).
(7) The application referred to in paragraphs 5 and 6 shall contain, in addition to the requirements laid down in the administrative rules, the registration number of the grubbed-up vineyard and other information on the grubbed-up vineyard, indicating the varietal composition, the year of planting, the grubbed-up areas, the number of shrubs and the type of management.
(8) In regions eligible for the production of wines with a protected designation of origin or a protected geographical indication, the Institute shall authorise the replanting of vines only for vines meeting the same specification as in the case of grubbed-up areas.
(9) The model of the notification referred to in paragraph 1 and the request referred to in paragraphs 5 and 6 shall be published by the Ministry on its website.
110) Article 62 et seq. of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council.
111) Article 64 of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council.
112) Article 64 (1) of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council. Article 6 (1) of Commission Implementing Regulation (EU) No 561 / 2015
113) Article 64 (2) of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council. Article 6 (2) of Commission Implementing Regulation (EU) No 561 / 2015
(114) Article 63 (2) (b) of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council.
115) Article 6 (3) of Commission Implementing Regulation (EU) No 561 / 2015.
116) Article 81 (2) of Commission Regulation (EC) No 555 / 2008.
117) Article 66 (1) of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council. Article 8 (1) and (2) of Commission Implementing Regulation (EU) No 561 / 2015.
118) Article 66 (2) of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council. Article 8 (3) of Commission Implementing Regulation (EU) No 561 / 2015. '
footnotes 22 to 25 and 27 to 29 are deleted.
13. At the end of the title of Section 10, the word "vines' shall be added.
14. Paragraph 10 (1) reads as follows:
"(1) The Institute shall decide, on its own initiative or at the request of the grower, whether the right to plant vines has been implemented in breach of European Union110) or in breach of § 8 or § 9. In the event of an unauthorised planting of vines, the Institute shall at the same time require the grower to grubbing up the areas planted with vines without authorisation within 4 months of the legal authority. If the vineyard is not grubbed up within the prescribed period, the Institute shall order grubbing-up at the expense of the grower within two years of the time limit for fulfilling the obligation laid down by the grower in accordance with the second sentence. ';
15. in Article 10 (2), "European Union23), 24)" is replaced by "European Union110";
16. in Article 12 (5), the words "In premises intended for the manufacture, filling or processing of a product, substances which, by their composition, are suitable for use for falsification of a product," shall be replaced by the words "In the premises used for the manufacture, storage, filling, processing or putting into circulation of a product, the use of which is not authorised in accordance with European Union or this Act, and these substances may be used for falsification of a product."
17. in Paragraph 12 (6), the dot is replaced by a comma at the end of point (b) and the following point (c) is added:
"(c) falsify the product."
18. footnote 38 reads:
"(38) Annexes VII and VIII to Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council. ';
19. The following Sections 14a and 14b are inserted after Section 14, including the title and footnotes Nos 119 to 122:
Notification obligation for unpackaged wine, fresh grapes, other than table grapes, must, rectified concentrated grape must and grate
(1) The consignee of unpackaged wine, grapes fresh, other than table grapes 119), must107), rectified concentrated must (120) or the grief transported from another Member State of the European Union or from a third country, shall notify immediately upon their arrival at the first place of delivery in the territory of the Czech Republic, but not later than 12 hours after such arrival, their quantity and the particulars referred to in paragraph 2 of the Constitution via Registr121).
(2) The beneficiary shall indicate in the notification:
(a) their name, surname, residence and identification number, if any, if it is a natural person, or a business name or registered office, and their identification number, if it is a legal person;
(b) the name and address of the place of delivery and the identification number of the operator of the establishment at the place of delivery as regards data different from those referred to in (a);
(c) an indication of the type of wine product referred to in Part XII of Annex I or Part II of Annex VII to Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council;
(d) the quantity of product;
(e) indication of provenienci122) or indication of the country of origin, if the grapes are fresh, other than table grapes, rectified concentrated grape must and grating;
(f) the designation of the vintage year, the wine grape variety, the protected designation of origin, the protected geographical indication or the traditional term, where the products referred to in paragraph 1 are marked with one of these indications on the accompanying document, or where those particulars are to be used in the labelling of wine,
(g) the indication of the lot of the product; and
(h) the type and number of the accompanying document on the basis of which the product was transported to the Czech Republic.
(3) The model notification will be published by the Ministry on its website.
(1) Unpacked wine transported from another Member State of the European Union or from a third country must be stored for 10 days on arrival at the first place of delivery in the Czech Republic. If the inspection takes a sample of the wine stored within that time limit, the wine checked must be stored at that place of delivery until the result of the analysis has been notified or the time limit has expired for the analysis to be communicated.
(2) The inspection shall communicate the result of the analysis to the consignee of the wine within the time limit laid down in the implementing legislation. The inspection may extend this period no more than once if further analysis of the sample proves necessary in the light of the findings of the analysis. The inspection shall inform the wine consignee in writing that the period has been extended, together with an analysis to be carried out.
(119) Annex I (XII) (c) to Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council.
(120) Annex VII, Part II, paragraph 14 of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council.
121) Article 145 of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council.
122) Article 55 of Commission Regulation (EC) No 607 / 2009. '
20. In Article 15 (3), the words "easy to read" shall be inserted after the word "producer," the words ", the indication of provenienci122) and the indication of the allergenic component in the manner laid down by the Food Act (123)."
footnote 123:
"123) § 9a of Act No. 110 / 1997 Coll., as amended."
21. footnote 43 reads as follows:
"43) Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council. Commission Regulation (EC) No 607 / 2009. Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924 / 2006 and (EC) No 1925 / 2006 of the European Parliament and of the Council and repealing Commission Directive 87 / 250 / EEC, Council Directive 90 / 496 / EEC, Commission Directive 1999 / 10 / EC, Directive 2000 / 13 / EC of the European Parliament and of the Council, Commission Directives 2002 / 67 / EC and 2008 / 5 / EC and Commission Regulation (EC) No 608 / 2004, as amended. ';
22. In Article 16 (3), the word "content 'is replaced by" verbal expression of content' and the words "(residual sugar) 'are deleted.
footnote 45:
"(45) Article 119 (1) (g) and Article 120 (1) (c) of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council. Articles 58, 64 and XIV, Part A and B of Commission Regulation (EC) No 607 / 2009. ';
23. In Article 16, at the end of paragraph 4, the sentence "Where a wine with a protected designation of origin or a protected geographical indication has been produced from grapes harvested in the Czech Republic, the manufacturer putting that wine into circulation on the packaging intended for consumers shall indicate the logo specified by the implementing legislation laying down the details of that designation. ';
24. Paragraph 16 (7), including footnote 125 to 127, reads as follows:
"(7) The seller offering for sale to the consumer shall make the following easily legible information visible at the point of offer:
(a) the designation of the type of product under the European Union Regulation on the common organisation of the market in agricultural products125),
(b) in the case of wines with a protected designation of origin or a protected geographical indication, the name of the protected designation of origin or the protected geographical indication;
(c) in the case of wines with traditional terms, a traditional term;
(d) the actual alcoholic strength by volume, within the scope of the European Union Regulation on the labelling and presentation of certain wine products126),
(e) verbal expression of the residual sugar content, within the scope of the European Union Regulation on the labelling and presentation of certain wine products45),
(f) the indication of the bottler according to the European Union Regulation on the labelling and presentation of certain wine products127),
(g) an indication of the provenance under the European Union Regulation on the labelling and presentation of certain wine products122); and
(h) the indication of the lot.
(125) Part II of Annex VII to Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council.
126) Article 54 of Commission Regulation (EC) No 607 / 2009.
127) Article 56 (2) of Commission Regulation (EC) No 607 / 2009. '
footnote 47a is deleted.
25. In Article 16, the following paragraphs 8 and 9 are inserted after paragraph 7:
"(8) The seller offering to sell to the consumer wine or spilled wine shall make the following easily readable information visible at the point of supply:
(a) the designation of the type of product under the European Union Regulation on the common organisation of the market in agricultural products125),
(b) in the case of wines with a protected designation of origin or a protected geographical indication, the name of the protected designation of origin or the protected geographical indication;
(c) in the case of wines with traditional terms, a traditional term;
(d) the indication of the bottling plant under the European Union Regulation on the labelling and presentation of certain wine products127), and
(e) indication of provenance under the European Union Regulation on the labelling and presentation of certain wine products122).
(9) In addition, the seller of the cashwine, capped wine or spilled wine shall be obliged to make easily legible information on the allergenic component visible at the point of supply in the manner laid down by the Food Act (123). In addition, the seller of the wine or spilled wine must make readily legible information on the actual alcoholic strength to the extent provided for in the European Union Regulation on the labelling and presentation of certain wine-sector products126) and the verbal expression of the residual sugar content to the extent provided for in the European Union Regulation on the labelling and presentation of certain wine-sector products45), by stating directly such information, or by indicating the words "Information on the actual alcohol content or on the verbal expression of the residual sugar content in wine ask for the service ', or other words of equal importance to the consumer, and shall be communicated to the consumer upon request.'.
Paragraphs 8 to 12 shall be renumbered paragraphs 10 to 14.
26. in Article 16 (12) (b):
"(b) in the last 5 years, he has not been fined for administrative misconduct pursuant to § 39 (1) (b) or § 39 (2) (t),"
27. in Article 16 (14), "10" is replaced by "12."
28. In Article 16, the following paragraph 15 is added:
"(15) Where wine is put into circulation in transport packages128), this packaging must bear a label containing:
(a) compulsory information under European Union Regulation on the common organisation of the market in agricultural products129),
(b) a verbal expression of the residual sugar content within the scope of the European Union Regulation (45) for the indication of the sugar content on the labelling;
(c) the date of completion; and
(d) the name, surname and address, if any, of the natural person, business name or name, the identification number, if any, and the registered office, if any, of the legal person, producer or consignee of the wine.
128) Paragraph 2 (a) (3) of Act No. 477 / 2001 Coll., on Packaging and on the amendment of certain laws, as amended.
129) Article 119 of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council. ';
29. In Article 16a, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The designation" Chateau "or" Château "may also be indicated on the label whenever it is part of a trade mark applied for or registered or introduced before 4 May 2002."
30. The following Section 16b is inserted after Section 16a, including the title and footnote 130:
Cask wine
(1) Determine unpackaged wine as barrel is only authorised
(a) the producer of such wine, in the case of wine produced in the Czech Republic, from grapes harvested in the Czech Republic or another European Union State; or
(b) the consignee of the wine, which is indicated as the consignee in the accompanying document on the basis of which the wine was transported in the territory of the Czech Republic in the case of wine produced in another Member State or in a third country.
(2) Even wine may only be sold to the consumer in an establishment of 130) a wine producer or a recipient of non-packaged wine meeting the requirements of paragraph 1. Container wine may not be sold to the consumer via a vending machine.
(3) The manufacturer of the wine or the consignee of the non-packaged wine referred to in paragraph 1 shall notify the Institute through the Register at the premises referred to in paragraph 2 at the latest on the date on which the sale of the barrel wine begins and ends. The sale of the barrel wine shall be deemed to be terminated unless the producer of the wine or the consignee of the non-packaged wine referred to in paragraph 1 sells the barrel wine at the establishment referred to in paragraph 2 for more than 6 months. The manufacturer of the wine or the consignee of the non-packaged wine referred to in paragraph 1 shall indicate in the notification his name, his surname and address, if any, if any, if any, the natural person, business name or name, the identification number, if any, and the registered office, if any, of the legal person, together with the address of the establishment and, where applicable, the premises in which the barrel wine is sold. The model of the notification shall be published by the Ministry on its website.
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Regulation Information
| Citation | Act No. 26 / 2017 Coll., amending Act No. 321 / 2004 Coll., on Vineyard and Vineyard and on the amendment of certain related laws (Vineyard and Wine Act), as amended, and certain other laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.02.2017 |
|---|---|
| Effective from | 01.04.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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