Decree No. 29 / 2004 Coll.
Decree implementing Act No. 149 / 2003 Coll., on trade in forest reproductive material
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Effective from 29.01.2004
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29
DECLARATION
of 20 January 2004
implementing Act No. 149 / 2003 Coll., on trade in forest reproductive material
The Ministry of Agriculture provides pursuant to Section 39 of Act No. 149 / 2003 Coll., on the putting into circulation of forest reproductive material of forest important species and artificial cross-breeds intended for forest renewal and afforestation, and on the amendment of certain related laws (Act on trade in forest reproductive material) ("the Act '):
Quality requirements for reproductive material
(K § 4 of the Act)
(1) The quality of reproductive material is determined according to species purity, genetic, morphological, physiological characteristics and health status.
(2) The quality of the seed material is determined according to the relevant CSN1). Each section of seeds or fruits put into circulation shall be assessed according to the characteristics set out in Section 8 (4) of the Act.
(3) The quality of the seed material referred to in paragraph 2 shall be ascertained in an independent laboratory accredited by the Ministry by an internationally recognised procedure for testing the quality of seed material. An independent laboratory shall be considered to be a laboratory operated by a legal or natural person who does not put seed material assessed in accordance with paragraph 2 into circulation. The quality of the seed material assessed in a laboratory of another Member State of the European Union accredited by an internationally recognised procedure for testing the quality of the seed material shall be considered equivalent to that determined in accordance with the first sentence.
(4) In the case of small sections of seed material, the requirements laid down in paragraph 2 shall not apply if their weight does not exceed the weight laid down by the directly applicable European Union Regulation laying down detailed rules for the application of Council Directive 1999 / 105 / EC as regards the definition of small quantities of seed material10).
(5) Fruit and seed compartments may be put into circulation only if they show a species purity of at least 99%. Exceptions are closely related species, except artificial cross-breeds, where the species purity of the seed or fruit section is indicated if it is less than 99%.
(6) The quality of the planting material is determined according to the relevant ČSN2) and assessed according to the following characteristics:
(a) the thickness of the root neck;
(b) the height of the above part;
(c) maximum age;
(d) unacceptable shape distortions;
(e) the ratio of the volume of roots to the volume of the above part.
(7) Where necessary, the quality of planting material referred to in paragraph 6 shall be ascertained by an independent laboratory designated by the Ministry accredited by an internationally recognised procedure for testing the quality of planting material. An independent laboratory shall be considered to be operated by a legal or natural person who does not put into circulation seed material assessed in accordance with paragraph 6. The quality of planting material assessed in a laboratory of another Member State of the European Union accredited by an internationally recognised procedure for testing the quality of planting material shall be considered equivalent to that ascertained in accordance with the first sentence.
(8) Plant material
(a) the pots may be put into circulation if they meet the requirements set out in Annex 4 and do not show defects listed in Annex 5;
(b) other species may be put into circulation if they meet the requirements set out in Annexes 2 and 3 and do not show defects listed in Annex 5;
(c) intended for further cultivation in kindergarten may be put into circulation if it does not show the defects listed in Annex 5.
(9) Parts of plant 3) may be put into circulation if they meet the requirements set out in Annex 6.
(10) The age and manner of planting of forest material is indicated by a formula the structure of which is given in Annex 7.
(11) Reproduction material may only be put into circulation if it does not exhibit harmful organisms (4). Reproductive material found to be infected with harmful organisms (4) subject to exceptional plant health measures shall be demonstrably excluded from further use.
Details of merging sections of reproductive material and determination of height bands
(K § 5 (7) of the Act)
(1) The height zones are determined by the forest vegetation stages identified from the forest vegetation map in the forest development plans. 5) For sources of reproductive material grown outside the land to fulfil the forest functions, the height zone shall be determined by the authorising officer when they are recognised.
(2) If the conditions set out in Section 5 (4) of the Act are met, it is permissible to merge sections within the category of identified reproductive material or within the category of selected reproductive material, with the exception of phenotypic class A reproductive material, from two or more recognised units. In the designation of the newly created section of reproductive material, the serial number of the recognised unit shall be replaced by the serial number of the source by a five-digit code, where in the first place the character is 9 and the next four places shall consist of the serial number of the newly created section, assigned by the person authorised by the Ministry.
(3) If the conditions set out in Section 5 (4) of the Act are fulfilled, it is permissible to combine sections of identified reproductive material from seed and crops sources. The newly created section shall be identified as reproductive material from the seed source and the number of the recognised unit shall be replaced by the serial number of the source by a five-digit code where the character 9 is first and the next four places shall consist of the serial number of the newly created section, assigned by the person authorised by the Ministry.
(4) Where the conditions laid down in paragraphs 2 and 3 are met and the subject of the merger is a section of the reproductive material from a source of known origin and a section of the reproductive material from a source of unknown origin, the newly created section shall always be identified as of unknown origin.
(5) If two or more sections of reproductive material are merged, the original marking of the components of the newly created section must remain demonstrably identifiable and a new certificate of origin shall be issued to the section.
(6) If the conditions laid down in Section 5 (4) of the Act are met, it is permissible to merge sections within the category of identified reproductive material or within the category of selected reproductive material originating from a single recognised unit of different maturing year, indicating the relevant years of maturation and the proportion of reproductive material per year.
Details of the notification of the collection of reproductive material
(K § 5a (5) of the Act)
The model of the notification of the collection of seed material, the collection of parts of plants or the collection of planting material from natural rejuvenation, or of the collection of parts of plants, if subsequent vegetative propagation material, or of the merging of sections of reproductive material is given in Annex 9.
Details of the certificate of origin and the request for issue
(K § 6 (8) of the Act)
(1) The model for the application for the issue of a certificate of origin for reproductive material (hereinafter referred to as "certificate of origin") is set out in Annex 10. The model for the application for a certificate of origin for the section resulting from the merger of sections (Section 2) is set out in Annex No 11b.
(2) Model certificates of origin are set out in Annexes 12 to 14a.
Details of the content and form of the accompanying document, the method of its connection and the classification of parts of plants and planting material
(K § 8 (9) of the Act)
(1) For each section of reproductive material, the supplier shall issue a movement certificate, which is simultaneously a plant passport under the directly applicable European Union Regulation (13).
(2) For seed material, a movement certificate shall be drawn up in accordance with the provisions of the directly applicable European Union13) in accordance with the model set out in Annex No 16 or an accompanying certificate for protected zones in accordance with the model set out in Annex No 16a when exported and imported into those zones. A movement note shall be attached to the whole section of the seed material, the copy of which, indicating the relevant section, shall be attached once inside and outside each package of the consignment.
(3) A movement certificate shall be drawn up for parts of plants in accordance with the provisions of the directly applicable European Union13) in accordance with the model set out in Annex No 17 or a movement certificate for protected zones in accordance with the model set out in Annex No 17a when exported and imported into those zones, a copy of which, with the indication of the relevant section, shall be attached once inside and outside each package of consignment.
(4) For planting material, a movement certificate shall be drawn up in accordance with the provisions of the directly applicable European Union13) in accordance with the model set out in Annex No 18 or a movement certificate for protected zones in accordance with the model set out in Annex No 18a when exported and imported into those zones, the copy of which, with the indication of the relevant section, is attached to the whole package of the consignment.
(5) The accompanying sheet may be distinguished by the category of reproductive material in colour: identified - yellow, selected - green, qualified - pink, tested - blue.
(6) Where a supplier is entitled to issue plant passports under another legislation4), the accompanying document shall be a plant passport under the directly applicable European Union13).
(7) The viability of seeds or fruits is determined by a biochemical test by dyeing the triphenylchloride tetrazole solution.
(8) The supplier supplying reproductive material from the Czech Republic to another Member State of the European Union pursuant to Article 25c of the Act may indicate in the accompanying documents listed in Annexes 16 to 18 the identification codes corresponding to the relevant items on the label or in the supplier's document as recommended by the Commission of the European Union11).
Details of the classification and labelling of the crop
(Paragraph 10 (4) of the Law)
(1) The phenotypic classification is the classification of trees in crops in phenotypic classes according to the criteria set out in Annex 19. In the case of mixed crops, the phenotypic classes shall include all the trees represented.
(2) The phenotypic classification is subject to all species of wood except their artificial cross-breeds. The fields of the alder, birch, crane, topola, willow, pear fields and apple trees of over 20 years of age, elm, walnut, Douglas tisolists, giant fir trees, pine trees of fowl and chestnut trees of over 40 years of age and other trees of over 60 years of age are classified.
(3) The results of phenotypic classification are not marked in the field. In the forest economic plan (6) (hereinafter referred to as the plan) or the forest economic curriculum (hereinafter referred to as the outline), they are identified according to the standard for their development.
Details of the inclusion of a recognised source of reproductive material in a recognised unit
(Paragraph 12 (2) of the Act)
(1) Only recognised sources providing reproductive material of the same category shall be included in the recognised unit.
(2) The registration number of the recognised unit ensures unambiguous identification of the recognised unit. The composition of the registration number of the recognised unit, the importance of its individual components and the designation of the regions in which the recognised units are located, including the responsibilities of the branches of the designated person, are set out in Annex 20.
(3) Where recognised units are in a gene base, the code of the gene base designation allocated by the authorised person shall be included in the registration numbers of recognised wood units for which the gene base has been declared. In the event of the announcement of a new gene base pursuant to § 2i (2) of the Act or the withdrawal of the declaration of a gene base pursuant to § 2i (3) of the Act, the authorised person shall amend the registration number of the recognised unit; and
(a) add the code of the gene base designation to the registration number of the recognised unit; or
(b) delete the code identifying the gene base in the registration number of the recognised unit.
Details of the requirements for the certification of seed and crop source as source of identified reproductive material
(Paragraph 13 (5) of the Law)
(1) Only resources that meet the requirements of Section 13 (1) of the Act may be recognised as a source of identified reproductive material. More trees can be recognised in the crop.
(2) The owner of the source requests recognition. The model for the application for recognition of the source of reproductive material is set out in Annex 21. The Annex to the application - the application for the recognition of a seed or seed source as a source of identified reproductive material is set out in Annex 23. In the case of crops, they shall also provide proof of their phenotypic class. This document may be a copy of the relevant part of the plan or outline.
(3) In addition to the information necessary for the central registration of recognised units (Section 18 (1) of the Act), the document on the recognition of the source by the delegate shall also include information on:
(a) the duration of the period of recognition; for seed source up to 10 years, for crops for the total period of validity referred to in Section 13 (2) of the Act,
(b) the merging of resources into recognised units where the source type will be designated as:
1. the crop, if the recognised unit is formed by merging the crops,
2. a seed source, if the recognised unit is formed by merging seed sources; or
3. Source of seeds, if the recognised unit is formed by merging the seed and seed resources;
(c) the creation of recognised units to which a registration number is assigned (Section 7 (2));
(d) the land on which the source is located; for seed sources growing outside the forest, the name and number of the cadastral territory and the parquet number, for other seed sources and for crops, the data on the spatial distribution units of the forest (12) in recognised units; and
(e) identification of a valid plan or outline over which recognition is carried out (applicable to seed sources growing on land intended to fulfil forest functions and crops).
(4) If the seed sources cannot be clearly identified in the field, the owner shall indicate them at a height of 130 cm above the ground by the serial number of the source referred to in Annex 20 (5).
Details of requirements for the recognition and labelling of the source of selected reproductive material
(Paragraph 14 (4) of the Act)
(1) One or more trees in the crop may be recognised as a source of selected reproductive material if it complies with the requirements set out in Annex 22.
(2) In the field, the sources of selected reproductive material are not identified.
(3) The source owner shall submit an application for recognition of the source of selected reproductive material to the person responsible. The model for the application for recognition of the source of reproductive material is set out in Annex 21. The annex to the application - the application for the recognition of the crop as a source of selected or tested reproductive material is set out in Annex 25.
(4) In addition to the information necessary for the central registration of recognised units (Section 18 (1) of the Act), the document on the recognition of the source by the delegate shall also include information on:
(a) the duration of the period of recognition;
(b) the merging of phenotypic class B crops into recognised units;
(c) the creation of recognised units to which a registration number is assigned (Section 7 (2));
(d) a recommendation, where appropriate, to limit the scope of toll intentional extraction carried out on the crops or on the withdrawal period for which toll intentional extraction may be carried out on the crops only with the consent of the authorised person (Section 17 of the Act);
(e) the identification of the valid plan or outline over which recognition is carried out;
(f) spatial distribution units of forest 12) in recognised units; and
(g) compliance with the requirements for the recognition of the source set out in Annex 22.
Details of the requirements for the recognition of the source as a source of qualified reproductive material and its labelling
(Paragraph 15 (4) of the Law)
(1) The seed set or mixture of clones is established according to documentation registered by the authorised person. They may be recognised as a source of qualified reproductive material if their condition is consistent with the dossier and they comply with the requirements set out in Annex 26.
(2) The seed set can only be recognised as a source of qualified reproductive material if the required number and composition of clones with good health remain in the set in accordance with the documentation for the establishment and the seed set is at the age of the fertility involved by the majority of the clones represented.
(3) A mixture of clones can be recognised when it is able to provide reproductive material in the composition, quantity and quality, according to the documentation for establishing a recognised source registered by the authorised person.
(4) The parents of the family are recognised as a source of qualified reproductive material for intentional hybridization or collection of seeds from free spraying. Clones and orthets shall be recognised as a source of qualified reproductive material to collect parts of plants for the establishment of seed orchards, implementation of breeding programmes and other purposes. Parents of the family, orthets and clones meeting the requirements set out in Annex 26 may be recognised.
(5) The owner of the source shall submit an application for recognition of the source of qualified reproductive material to the authorised person. The model for the application for recognition of the source of reproductive material is set out in Annex 21. The annexes to the application - the application for recognition of a seed set or a mixture of clones as a source of qualified or tested reproductive material and the application for recognition of a parent of a family, orthet or clone as a source of qualified or tested reproductive material are set out in Annexes 27a and 27b.
(6) In addition to the information necessary for the central registration of recognised units (Section 18 (1) of the Act), the document on the recognition of the source by the delegate shall also include information on:
(a) the duration of the period of recognition; in the case of seed orchards and clones for a maximum of 10 years,
(b) the creation of recognised units to which a registration number is assigned (Section 7 (2));
(c) parents' families, ortets and clones, their list and descriptive data, in the case of seed orchards and clones mixtures, the scheme of their placement, the buckle of their planting and the year of the establishment of the source;
(d) the land on which the source is located, namely the cadastral territory, parcel, area, altitude and height zone;
(e) the name of the source in respect of seed sets and clones; and
(f) compliance with the requirements for the recognition of the source set out in Annex 26.
(7) The parents of the family, orthets and clones recognised as sources of qualified reproductive material shall be identified by the owner in the field by two yellow stripes 5 cm wide with a 20 cm gap between the stripes and placed at 130 cm above the ground. A serial number of the source in accordance with Annex 20 (5) shall be written into the gap between the stripes in yellow. If the parents of the family, orthets and clones cannot be marked in the specified manner, the owner shall mark them with a metal or plastic label or another durable label bearing the serial number of the source in accordance with Annex 20, point 5, to ensure that the individual is unequivocally identified in the field.
Details of the requirements for the recognition and labelling of the source of the reproductive material tested
(K 16 (4) of the Act)
(1) The production, seed set, parents of the family, ortet, clone or mixture of clones may be recognised as a source of the reproductive material tested if they meet the requirements set out in Annex 28.
(2) The owner of the source shall submit an application for recognition of the source of the reproductive material tested to the person responsible. The model for the application for recognition of the source of reproductive material is set out in Annex 21. Annexes to the application - Application for recognition of crops as a source of selected or tested reproductive material, application for recognition of seed set or mixture of clones as a source of qualified or tested reproductive material, and application for recognition of parents of the family, orthet or clone as a source of qualified or tested reproductive material are set out in Annexes 25, 27a and 27b.
(3) The documentation on the origin, testing and results of the source testing is an integral part of the application for recognition of the source of the reproductive material tested.
(4) In addition to the information referred to in § 9 (4), § 10 (6) and the data needed for the central registration of recognised units (§ 18 (1) of the Act), the evidence of the recognition of the source by the delegate shall also include information on:
(a) the purpose of the use of reproductive material if the source has been developed for a special purpose; and
(b) compliance with the requirements for the recognition of the source set out in Annex No 28.
(5) The parents of the family, orthets and clones recognised as the source of the reproductive material tested shall be identified by the owner in the field by two green stripes 5 cm wide with a gap between the stripes 20 cm, the lower stripe being placed 130 cm above the ground. A serial number of the source in accordance with Annex 20 (5) shall be entered in the gap between the stripes in green. If the parents of the family, orthets and clones cannot be marked in the specified manner, the owner shall mark them with a metal or plastic label or another durable label bearing the serial number of the source in accordance with Annex 20, point 5, to ensure that the individual is unequivocally identified in the field.
Details of data entered in the register
(Paragraph 18 (2) of the Act)
Details of the data entered in the register are given in Annex 30.
Rules on the declaration of gene bases, the way in which forests are managed on their territory and the way in which they are labelled
(Paragraph 2i (6) of the Act)
(1) The gene base can be declared for one or more trees.
(2) The gene base can be declared in one or several separate parts. The minimum area of one gene base is 100 ha.
(3) In addition to the data required for the central register (Section 2i (2) of the Act), the evidence of the declaration of the gene base by the delegate also contains information on:
(a) the duration of the period of publication;
(b) spatial distribution units of forest 12) in the gene base;
(c) identification of the valid plan or outline over which the declaration of the gene base is carried out;
(d) the name of the gene base;
(e) the gene base code;
(f) the manner in which forests are managed in the territory of the gene base.
(4) For the wood for which the gene base is declared, priority is given to natural recovery. If artificial renewal is required, it is used for wood for which a gene base is declared, reproductive material originating from the same gene base.
(5) The code of the gene base designation is assigned by the authorised person.
Details of submission of licence applications
(K § 20 (4) of the Act)
(1) Where the applicant for a licence is a natural person, the application shall include, in addition to the general procedural requirements laid down in the administrative rules:
(a) an indication of the subject matter of the licence for which the licence is sought;
(b) an officially certified copy of the proof of professional forestry education;
(c) a description of the applicant's professional forestry practice [paragraph 2 (d)], indicating the number of years of experience;
(d) the written consent of the employer (Section 21a (2) of the Act) if the natural person is an employee who does not serve as a manager of a public undertaking, a state organisation or a commercial company engaged in a business in a licensed field or an employee of public authorities (Section 26 of the Act) or an authorised person (Section 30 of the Act).
(2) Where the applicant for a licence is a legal person or a natural person who has appointed a responsible representative who fulfils the conditions for the grant of a licence, the application shall include, in addition to the general procedural requirements laid down in the administrative rules:
(a) an indication of the subject matter of the licence for which the licence is sought;
(b) the name, surname, date of birth, birth number, if assigned, place and district of birth and permanent residence of the applicant's representative,
(c) an officially certified copy of the proof of professional forestry training by the applicant's representative;
(d) a description of the current professional forestry practice (professional activity in the forestry sector, in the economic management of forests, forestry education and research and in the state administration of forests) of the applicant's representative, indicating the number of years of experience;
(e) the written consent of the employer (Paragraph 21a (2) of the Act) if the natural person is an employee who does not serve as a manager of a state enterprise, a state organisation or a commercial company engaged in business in the field which is the subject of a licence or an employee of public authorities (Section 26 of the Act) or an authorised person (Section 30 of the Act).
(3) The documents referred to in paragraph 1 (b) or paragraph 2 (c) are not included in the application for extension of the licence. The model of the application for the grant or extension of the period of validity of the licence is set out in Annex No 31.
Details of record keeping and submission of records of sections of reproductive material and of record keeping and submission of forest training activities
(Paragraph 24 (4) of the Law)
(1) The supplier who has put the reproductive material into circulation shall keep the following records of each section of the reproductive material:
(a) the Czech and scientific names of the wood or, where appropriate, the designation of a clone or a mixture of clones;
(b) the registration number of the recognised unit;
(c) the number of the certificate of origin,
(d) category of reproductive material (identified, selected, qualified, tested),
(e) the provenance zone;
(f) if it is seed material, the year of maturation;
(g) if it is seed material, age and type of seed or cuttings used as planting material and whether they have been cut, trained or packaged; the data are indicated in accordance with the age labelling formula and the cultivation method for planting material as set out in Annex 7;
(h) if part of the plants, the year of collection and the specification of the parts taken used for the production of planting material,
(i) the purpose of using reproductive material;
(j) the quantity of reproductive material;
(k) customer designation; in the case of natural persons, his name, surname or, where applicable, business name, address of place of permanent residence or business address, if different from the address of the place of permanent residence, business name and address of registered office [§ 8 (1) (c) of the Act].
(2) The records referred to in paragraph 1 may be replaced by the archiving of each movement certificate if they meet the requirements for such registration.
(3) In addition to the information referred to in paragraph 1, the holder of a licence which operates a forest nurseries shall keep written and graphic records.
(4) The written records referred to in paragraph 3 shall include:
(a) a continuously updated record of each section of propagated planting material; if, during the cultivation of the compartment, the total quantity of planting material is changed by more than 10% compared to the previous condition, the supplier shall take and record a record justifying this increase or decrease in the quantity of planting material;
(b) the specification of the areas in the forest nurseries, indicating the total area of the forest nurseries, the total production area and the share of the open area, greenhouses, foils and parasitic areas and other areas;
(c) inventory stocks of each section of propagated planting material with a status as at 31 December of each calendar year marked:
Section 1,
2. the Czech and scientific names of the wood, or clone or mixture of clones,
3. the registration number of the recognised unit,
4. the age and type of seeds or cuttings used as planting material and the indication of whether they have been cut, trained or packaged; the data are indicated in accordance with the age labelling formula and the cultivation method for planting material as set out in Annex 7;
5. category of reproductive material,
6. quantity of planting material,
7. the production area on which the section is grown.
(5) The graphic record referred to in paragraph 3 shall include:
(a) a graphic plan of the forest nurseries identifying the individual production areas;
(b) a graphical record of the state of the propagated planting material by section, with an update on 31 December of each calendar year;
(c) a visible indication of the different sections on the forest nursery area.
(6) Each section of reproductive material held on 31 December of the previous calendar year or put into circulation by 31 December of the previous calendar year shall be recorded by the licence holder to the person by 15 January of each calendar year:
(a) the Czech and scientific names of the wood and, where appropriate, the designation of a clone or a mixture of clones;
(b) the registration number of the recognised unit;
(c) the number of the certificate of origin,
(d) the year of maturation, if it is seed material,
(e) the age and type of seeds or cuttings used as planting material and the indication of whether they have been cut, trained or packaged, if any; the data are indicated in accordance with the age labelling formula and the cultivation method for planting material as set out in Annex 7;
(f) the year of collection and the specification of the parts collected for the part of plants (e.g. rhizome cuttings, explantations) used for the production of planting material;
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Regulation Information
| Citation | Decree No. 29 / 2004 Coll., implementing the Act on trade in forest reproductive material |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.01.2004 |
|---|---|
| Effective from | 29.01.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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