Act No. 277 / 2023 Coll.
Act amending Act No. 219 / 2003 Coll., on the circulation of seeds and propagating plants and amending certain laws (Act on the circulation of seeds and seed), as amended, and other related laws
Valid
Law
Effective from 01.11.2023
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277
THE LAW
of 23 August 2023
amending Act No 219 / 2003 Coll., on the circulation of seeds and propagating plants and amending certain laws (Law on the circulation of seed and propagating material), as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on the circulation of seed and seed
Act No. 219 / 2003 Coll., on the putting into circulation of seeds and propagating plants and amending certain laws (Act on the circulation of seeds and propagating material), as amended by Act No. 444 / 2005 Coll., Act No. 178 / 2006 Coll., Act No. 299 / 2007 Coll., Act No. 96 / 2009 Coll., Act No. 223 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 241 / 2016 Coll., Act No. 183 / 2017 Coll., Act No. 295 / 2010 Coll., Act No. 331 / 2010 Coll., Act No. 54 / 2012 Coll., Act No. 279 / 2013 Coll., Act No. 243 / 2016 Coll., Act No. 183 / 2017 Coll., Act No. 295 / 2017 Coll., and Act No. 331.
1. In Article 1 (1), 'the words' shall be inserted after 'Union1' and shall be followed by directly applicable European Union17 '.
Footnote 17 reads:
"17) Regulation (EC) No 1107 / 2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79 / 117 / EEC and 91 / 414 / EEC, as amended. 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. Commission Implementing Regulation (EU) No 221 / 384 of 3 March 2021 on the suitability of varieties of agricultural plant and vegetable species and repealing Regulation (EC) No 637 / 2009. Commission Delegated Regulation (EU) 2021 / 1189 of 7 May 2021 supplementing Regulation (EU) 2018 / 848 of the European Parliament and of the Council with regard to the production and marketing of plant propagating material from organic heterogeneous material of certain genera or species. '
2. In Article 1 (2), the words "agricultural, vegetable and fruit species other than those listed in the species list, with the exception of mixtures of seeds referred to in paragraphs 12 and 12a and imports from third countries pursuant to paragraph 18," shall be inserted after the words "on."
3. in Article 2 (1) (n), "or commercial seed" shall be replaced by "commercial seed or propagating material of organic heterogeneous material."
4. In Article 2, the following paragraph 3 is added:
"(3) In this law,
(a) grown plants of plant species listed in the species list and ornamental species;
(b) a voluntary variety registered by a variety of grown plants belonging to a species listed in a species list whose varieties may be registered voluntarily under this law;
(c) an organic variety suitable for organic production pursuant to Article 3 (19) of Regulation (EU) 2018 / 848 of the European Parliament and of the Council;
(d) propagating material of organic heterogeneous material propagating material as referred to in Article 3 (18) of Regulation (EU) 2018 / 848 of the European Parliament and of the Council obtained in organic production as referred to in Article 3 (1) of Regulation (EU) 2018 / 848 of the European Parliament and of the Council. ';
5. in Article 3 (1) (e), the word "or" shall be deleted;
6. In Article 3, at the end of paragraph 1, the dot is replaced by "or 'and the following point (g) is added:
"(g) as propagating material of organic heterogeneous material as referred to in Article 13 of Regulation (EU) 2018 / 848 of the European Parliament and of the Council.";
7. In Article 3 (2), the words "(a) to (f) 'shall be inserted after the words" paragraph 1' and at the end of the paragraph the sentence "Reproduction material referred to in paragraph 1 (g) may be put into circulation if the requirements of Commission Regulation (EU) 2021 / 1189 are met '.
8. In Article 3, at the end of the text of paragraph 3, the words "or if it relates to organic heterogeneous material notified by the Institute pursuant to Article 13 of Regulation (EU) 2018 / 848 of the European Parliament and of the Council 'shall be added.
9. In Article 3 (4), the word "hops' shall be inserted after the word" vines' and the words "Article 23 'shall be inserted after the words" Article 23a'.
10. in Articles 3 (5), 3 (14) (b), 15 (2) (b), 22 (7) (f), 25 (2) (f) (1) and 25 (2) (g), the word "organisms" is replaced by the word "organisms."
11. In Paragraph 3, the words "or organic heterogeneous material 'shall be added at the end of paragraph 11.
12. in Article 3 (14) (e):
"(e) a species list, including a list of species whose varieties may be registered voluntarily; and"
13. In Section 3d (1) of the introductory part of the provision, the words "under special conditions' shall be inserted after the word" circulation '.
14. in Article 3d (2), the words "and labelling" shall be deleted;
15. in Paragraph 3d (6) (a), "a" is replaced by a comma, at the end of the paragraph the dot is replaced by "a" and the following point (c) is added:
"(c) the method of labelling propagating material of fruit genera and species put into circulation under special conditions."
16. The following Sections 3e and 3f are inserted after Section 3d, including the headings and footnotes 18:
Placing in the circulation of organic heterogeneous propagating material
(1) The rules for the putting into circulation of propagating material of organic heterogeneous material are laid down in European Union delegated acts 18) adopted pursuant to Article 13 (3) of Regulation (EU) 2018 / 848 of the European Parliament and of the Council.
(2) The propagating material of organic heterogeneous material referred to in paragraph 1 may be put into circulation by the supplier only if it complies with the characteristics, labelling and packaging requirements laid down in Article 3 to 7 of Commission Regulation (EU) 2021 / 1189.
(3) The supplier of propagating material of organic heterogeneous material shall comply with the requirements for the storage of information and documents referred to in Article 8 of Commission Regulation (EU) 2021 / 1189.
(4) The supplier of propagating material of organic heterogeneous material shall comply with the requirements concerning the storage of organic heterogeneous material referred to in Article 10 of Commission Regulation (EU) 2021 / 1189.
(5) By decree, the Ministry lays down requirements for the characteristics, labelling and packaging of propagating material of organic heterogeneous material in accordance with implementing acts of the European Union18) adopted pursuant to Article 13 (3) of Regulation (EU) 2018 / 848 of the European Parliament and of the Council.
Placing in the circulation of propagating material of voluntary registered varieties
(1) Reproduction material of voluntary registered varieties may be put into circulation if:
(a) it is recognised in the categories of breeding material, pre-stage propagating material, basic propagating material, certified propagating material or standard vegetable seed, conformal propagating material of fruit genera and species, or a mixture of seeds referred to in § 12 or 12a; and
(b) satisfy the quality, authenticity and other characteristics relevant to the use of propagating material laid down in the implementing legislation.
(2) By decree, the Ministry shall lay down requirements concerning the characteristics, labelling and packaging of propagating material put into circulation in accordance with paragraph 1.
18) Commission Delegated Regulation (EU) 2021 / 1189. '
17. In Article 4, at the end of paragraph 15, the dot is replaced by "a 'and the following point (e) is added:
"(e) the particulars of the label of the sample for determining the health status of seed potatoes, a model of which is published on the Institute's website."
18. In Section 5 (1) of the introductory part of the provision, the words "the application shall contain 'shall be replaced by the words" the application shall contain, in addition to the requirements laid down in the administrative rules'.
19. in Article 5 (3), the second sentence shall be replaced by the following: "If the supplier does not identify the authorised person in the application referred to in paragraph 1, he shall carry out a survey of the propagation crop by the Institute or designate a designated person. The Institute may, in order to ensure the timely and high quality execution of the crop shows, designate a designated person to carry out the crop show, or amend the designated person referred to in paragraph 1 (j) or change the designated person designated by the Institute. The change of the authorised person may be made only after prior consultation with the authorised person, provided that it has been marked in accordance with paragraph 1 (a) for the inspection. (j) or designated by the Constitution.";
20. in Article 5 (8), point (a) is deleted;
Points (b) to (i) shall be renumbered (a) to (h).
21. in Article 5 (8) (a), the words "and the models of such documents" shall be deleted;
22. in Paragraph 5 (8), point (d) is deleted;
Points (e) to (h) shall be renumbered as points (d) to (g).
23. In Article 5, the following paragraph 9 is added:
"(9) The model of the application for recognition of the propagation crop and the model forms for the record of the crop show referred to in paragraph 3 shall be published on the website of the Constitution. ';
24. in Article 6 (1) of the introductory part of the provision, the words "by administrative procedure" shall be inserted after the words "except."
25. in Article 6 (1), the words "including the label type" shall be added at the end of the text of point (a).
26. in Article 6 (1), the words "including the name of the plant protection product used" shall be added at the end of the text in point (e).
27. in Article 6 (3), the words "or" shall be deleted and at the end of the text of the paragraph the words "or the results of the testing of multiple samples of the same seed lot shall show differences exceeding the maximum permissible differences laid down by the International Seed Testing Association rules."
28. in Article 6 (8) (g):
"(g) the particulars of the request for sampling of propagating material."
29. in Article 6, at the end of paragraph 8, the dot is replaced by a comma and the following points (h) and (i) are added:
"(h) the manner in which the supplier notifies the Institute of his intention to use mobile cleaning equipment for the preparation of seed lots or for the sampling of seed lots, including the list of reported data; and
(i) the particulars by which the supplier identifies the propagating material during its manufacture and processing, including the way in which the packaging is labelled. ';
30. In Article 6, paragraphs 9 to 11 are added:
"(9) The model of the application for the recognition of propagating material and the model of the application for sampling in the procedure for the recognition of propagating material shall be published on the Institute's website.
(10) Where a supplier intends to use mobile cleaning equipment for the preparation of seed lots or for sampling of seed lots for certification procedures, he shall be obliged to notify the Institute of this intention at least 5 days before the planned operation, including the time and place of seed preparation or sampling, as provided for in the decree.
(11) The supplier shall ensure traceability of propagating material which guarantees the authenticity of the resulting propagating material put into circulation by using the unambiguous labelling of propagating material at all stages of production, processing and putting into circulation. ';
31. in Article 7 (6) (h), the words "including forms' shall be deleted;
32. in Article 7 (6) (j):
"(j) the method of keeping records of the production and putting into circulation of propagating material, the list of forms used by the supplier for keeping records of the production and putting into circulation of propagating material, and the information required on those forms, including the batch label, ';
33. In Article 7, the following paragraph 7 is added:
"(7) The models of the forms for keeping records of the production and putting into circulation of propagating material, including the batch label, are published on the Institute's website."
34. in Article 7a (3), the words "and the model" shall be deleted;
35. footnote 6:
"6) Act No. 242 / 2000 Coll., on Organic Agriculture, as amended. Regulation (EU) 2018 / 848 of the European Parliament and of the Council, as amended. Commission Delegated Regulation (EU) 2021 / 1189. '
36. Footnote 7a:
"(7a) Article 26 of Regulation (EU) 2018 / 848 of the European Parliament and of the Council. ';
37. in Article 13 (4), the words "varieties whose propagating material obtained from organic farming" shall be replaced by the words "propagating material obtained from organic farming or during a transitional period which."
38. In Article 15 (1), the words "or comes from propagating material of organic heterogeneous material notified by the Institute pursuant to Article 13 of Regulation (EU) 2018 / 848 of the European Parliament and of the Council 'shall be added at the end of the text of point (a).
39. in Paragraph 16 (3), the part of the sentence after the semicolon, including the semicolon, is deleted;
40. Paragraph 16 (10) reads:
"(10) A supplier who manufactures or puts into circulation conformal propagating material of fruit genera and species or propagating material of fruit genera and species intended for putting into circulation under the special conditions provided for in Article 3d shall notify the Institute of the extent of production in the calendar year at the dates laid down in the implementing legislation. The scope of production need not be notified by suppliers which put into circulation in the territory of the Czech Republic conformal propagating material of fruit genera and species or propagating material of fruit genera and species intended for putting into circulation under the special conditions provided for in Section 3d only to the retail end-user, in containers or seedlings. '
41.In Article 16, the following paragraph 13 is added:
"(13) The model form for notification of the extent of production in the calendar year referred to in paragraph 10 shall be published on the Institute's website. ';
42. In Article 17 (2) of the Introductory Part of the provision, the words "and to issue evidence of the recognition of these crops' are deleted.
43.In Paragraph 17 (10) (c), the last sentence is deleted.
44. in Paragraph 17 (13):
"(13) Persons and laboratories referred to in paragraphs 1 to 9 shall:
(a) to carry out the delegated acts in accordance with the methodologies set out in the Ministerial Decree and in accordance with applicable international methods, where such methods exist;
(b) keep a record of the activities covered by the contract or mandate and submit it at the request of the Constitution;
(c) communicate with the Institute through a public data network;
(d) report to the Institute without delay any change to the person responsible for carrying out the activities which are the subject of the mandate by means of a form laying down the implementing legislation; and
(e) to create records only of the actions actually carried out and to include only data resulting from its own findings. "
45. In Paragraph 17 (14) of the introductory part of the provision, the word "may 'shall be replaced by the words" revoke the mandate at the request of the delegate and may'.
46. in Article 17 (14), the words "or fails to fulfil the obligations laid down in paragraph 13" shall be added at the end of the text of point (a).
47. in Paragraph 17 (15), the words "(a) to (c)" shall be inserted after the words "paragraph 14," and the words "the person whose mandate has been revoked pursuant to paragraph 14 (d) or at its request, may be re-mandated without a time limit."
48. In Paragraph 17, at the end of paragraph 16, the dot is replaced by "a 'and the following point (e) is added:
"(e) the model of the application form for the conclusion of the contract for partial testing operations, the model of the application for delegation or amendment in the subject-matter of the mandate and the model of the form for reporting changes to the persons responsible for carrying out the activities which are the subject of the mandate."
49. in Article 18 (5) (c) (2), the words "or generation" shall be inserted after the word "category."
50. In Article 18 (5), at the end of point (c), the dot is replaced by a comma and the following points 7 and 8 are added:
'7. the purpose of import of propagating material; and
8. identification of the foreign customer of the material produced. ';
51. in Paragraph 18 (10) (h):
"(h) in the case of natural persons, the name and surname and, where applicable, the business name, place of residence or residence (4a), the place of business, if different from the place of residence or residence (4a), the identification number, including the registered registration number referred to in § 16; for legal persons, the business name, registered office and, where applicable, the location of the organisational component in the Czech Republic, and the supplier's or the person providing the import,"
52. Paragraph 18 (12) reads:
"(12) The model of the notification form for imports from third countries and the model of the application for authorisation for imports from third countries shall be published on the Institute's website. ';
53. In Paragraph 18, paragraphs 13 and 14 are added:
"(13) The customs office shall, together with the information referred to in paragraph 7 (b) and (d) of the Constitution, provide information on:
(a) the consignor and the consignee of the goods;
(b) tariff classification and description of goods,
(c) the net weight in kg; and
(d) the country of origin of the goods.
(14) The disclosure referred to in paragraph 7 (b) and (d) and in paragraph 13 shall not constitute a breach of the obligation of secrecy under the tax rules. ';
54. In Article 19 (3), the word "bags" shall be inserted after the word "plants."
55. in Paragraph 19 (6), the words' the specimen of which is laid down in the Decree 'shall be deleted;
56. In Paragraph 19 (8) of the Introductory Part of the provision, the words "certification and 'are replaced by the words" certification,' and "varieties' are replaced by the words" varieties and propagating material of organic heterogeneous material '.
57. In Paragraph 19 (13), the words "and organic heterogeneous material" shall be inserted after the words "ornamental species."
58. In Article 19, at the end of paragraph 15, the sentence "The labelling requirements for seed packaging are laid down in Regulation (EC) No 1107 / 2009 of the European Parliament and of the Council."
(59) In Article 19 (17) (c), the words "the model of the official label and the label of the supplier," shall be deleted and the words "including how the required particulars are to be completed on the label" shall be added at the end of the text of the letter.
60. in Paragraph 19 (17) (k), the word "model" is replaced by the words "data required in."
61.In Paragraph 19 (17) (l), the words "model form 'are replaced by the words" information required in the form'.
62. In Paragraph 19 (17) (m), the words "and the models of labels" shall be deleted.
63. In Paragraph 19, paragraphs 18 to 20 are added:
"(18) The labelling and packaging requirements for organic heterogeneous propagating material put into circulation which the supplier is obliged to carry out are laid down in Article 7 of Commission Regulation (EU) 2021 / 1189.
(19) The model of the official label, the model of the supplier's label, the model of the protocol referred to in paragraph 6 and the model of the form for keeping the label records with the supplier shall be published by the Institute on its website.
(20) The designation of the conformal propagating material of fruit genera and species and propagating material of fruit genera and species intended for circulation under the special conditions provided for in Article 3d put into circulation in the territory of the Czech Republic only to the non-professional final consumer, in containers or seedboats, may be limited to the indication of the species, variety, rootstock in the case of grafted propagating material and the supplier's registration number which produced the propagating material. '
64. in Article 19a, the following paragraph 7 is added:
"(7) The requirements for the circulation of organic heterogeneous propagating material in small packages are laid down in Article 7 (2) to (5) and Annex II to Commission Regulation (EU) 2021 / 1189."
65.In Article 22 (1), the following point (c) is inserted after point (b):
"(c) checks compliance with the requirements laid down in Commission Regulation (EU) 2021 / 1189 for the production and putting into circulation of propagating material of organic heterogeneous material; and ';
Point (c) shall be renumbered (d).
66. in Paragraph 22, the following paragraph 4 is inserted after paragraph 3:
"(4) The Institute shall, on the basis of the notification of the scope of production referred to in Article 16 (10), carry out at least once a year checks on the conformal propagating material of fruit genera and species and propagating material of fruit genera and species intended for circulation under the special conditions laid down in Article 3d. ';
Paragraphs 4 to 10 shall be renumbered paragraphs 5 to 11.
67.In Paragraph 22 (11) (a), "5" is replaced by "6."
68. in Paragraph 22 (11) (b), the words "the model of the plant test evaluation and the model of the sample label for the plant test" shall be deleted;
69. In Paragraph 22, paragraph 12 is added:
"(12) The model of the report from the evaluation of the growing test and the model of the label of the sample for the growing test shall be published by the Institute on its website. ';
70. In Article 23, the words "or, as regards propagating material of organic heterogeneous material notified by the Institute pursuant to Article 13 of Regulation (EU) 2018 / 848 of the European Parliament and of the Council, shall be added at the end of the text of paragraph 1. ';
71. in Article 24 (1) (a), the word "or" shall be deleted; at the end of point (b), the dot shall be replaced by a comma and the following points (c) and (d) shall be added:
"(c) put into circulation under the special conditions laid down in Article 3d; or
(d) propagating material of organic heterogeneous material notified by the Institute pursuant to Article 13 of Regulation (EU) 2018 / 848 of the European Parliament and of the Council. ';
72. In Paragraph 24 (2) of the Introductory Part of the provision, the words "may be recognised 'are replaced by the words" put into circulation may be recognised or conformal'.
73.In Article 24a (1) of the Introductory Part of the provision, the words "by administrative procedure" shall be inserted after the words "except."
74. In Article 25, the following paragraph 9 is added:
"(9) The propagating material of ornamental species may be put into circulation as propagating material of organic heterogeneous material notified by the Institute pursuant to Article 13 of Regulation (EU) 2018 / 848 of the European Parliament and of the Council. ';
75. in Article 26 (2) (c):
"(c) varieties of vegetable species other than industrial chicory, hop varieties, fruit varieties and ornamental varieties,"
76. In Paragraph 26 (2) (g), the word "hops" is replaced by "voluntarily registered."
77. Footnote 11b reads:
"11b) Commission Implementing Regulation (EU) 2021 / 384. ';
78. Paragraph 28 (1) reads as follows:
"(1) An application for the registration of a variety shall be submitted to the Institute within the time limit published on the Institute's website. If the applicant submits the application late, the Institute shall postpone the initiation of the tests until the following test period. ';
79. In Paragraph 28 (2), the word "plants' is replaced by" species'.
8. in Article 28 (3) (c), the words "variety may be" shall be replaced by "in the case of agricultural or vegetable species, variety may be."
81. in Paragraph 30 (1) (a), the words "published in the Bulletin" shall be replaced by the words "and place in accordance with the requirements published on the website."
82. in Paragraph 30, paragraphs 11 and 12 are added:
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Regulation Information
| Citation | Act No. 277 / 2023 Coll., amending Act No. 219 / 2003 Coll., on the circulation of seeds and propagating plants and amending certain laws (Act on the circulation of seed and seed), as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.09.2023 |
|---|---|
| Effective from | 01.11.2023 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 362
The regulation text is for informational purposes only.
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