Act No. 295 / 2017 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
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Law
Effective from 01.11.2017
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295
THE LAW
of 16 August 2017
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. and Act No. 183 / 2017 Coll., is amended as follows:
1. In footnote 1, the sentence "Council Directive 92 / 34 / EEC of 28 April 1992 on the marketing of fruit plant propagating material and fruit plants intended for fruit production. Commission Directive 93 / 17 / EEC of 30 March 1993 determining Community classes for basic seed potatoes and the conditions and labelling of those classes. Commission Directive 93 / 48 / EEC of 23 June 1993 laying down the table of requirements for fruit plant propagating material and fruit plants intended for fruit production pursuant to Council Directive 92 / 34 / EEC. Commission Directive 93 / 64 / EEC of 5 July 1993 on implementing measures concerning the supervision and control of suppliers and establishments in the framework of Council Directive 92 / 34 / EEC on the marketing of fruit plant propagating material and fruit plants intended for fruit production. Commission Directive 93 / 79 / EEC of 21 September 1993 laying down additional implementing provisions concerning varietal lists of propagating material and fruit plants and fruit plants maintained by suppliers pursuant to Council Directive 92 / 34 / EEC. 'is deleted and the separate lines of the footnote are added to the text" Commission Implementing Directive 2014 / 96 / EU of 15 October 2014 on requirements for the labelling, closure and packaging of fruit plant propagating material and fruit plants intended for fruit production falling within the scope of Council Directive 2008 / 90 / EC. Commission Implementing Directive 2014 / 97 / EU of 15 October 2014 implementing Council Directive 2008 / 90 / EC as regards the registration of suppliers and varieties and the common list of varieties. Article 2
2. In Article 2 (1) (c), the words "or garlic seed 'shall be inserted after the words" potatoes' and the words "ni 'shall be replaced by the words" ni'.
3. in Articles 2 (1) (n), 3 (1) (a) and 19 (2) (a), the words "and hops" shall be inserted after the words "vine material."
4. in Article 2 (1), the following point (u) is inserted after point (t):
"(u) the standard propagating material of hops, which is a true and pure variety, intended for the production of hops or plants intended for the production of hops, which complies with the requirements laid down in this law and for which compliance with these requirements has been verified by official examination, ';
Points (u) to (z) shall be renumbered (v) to (aa).
5. In Article 2, at the end of paragraph 2, the dot is replaced by a comma and the following point (x) is added:
"(x) by an officially recognised description of the variety, a description of the variety of fruit species, drawn up on a basis other than official tests for the difference, uniformity and stability of the variety, including the characteristics of the variety, at least to the extent required at the time of the application for registration of the variety or the application for the grant of protection rights in respect of a variety approved by the Institute or by an equivalent authority of a Member State as an officially recognised description of the variety."
6. in Article 3 (1) (a), "hops and species" shall be replaced by "hops."
7. In Article 3 (8), the words "fruit genera and species and hops," and the words "and certified" shall be inserted after the word "basic."
8. Paragraph 3 (9) reads as follows:
"(9) The supplier who places in circulation pre-stage propagating material, basic propagating material and certified propagating material of fruit genera and species, hops and vine propagating material other than final consumer shall be required to issue under the supervision of the Institute a document which shall comply with the requirements laid down in the Decree. This document shall be used together with the label to indicate the different varieties or types of propagating material which are marketed together. Where the particulars on the document conflict with those on the label, the particulars on the label shall always prevail. ';
(9) footnote 4:
"4) Civil Code."
10. In Article 3, the following paragraphs 11 to 13 are inserted after paragraph 10:
"(11) Garlic seed may be put into circulation only if breeding material, pre-stage propagating material, basic propagating material, certified propagating material or standard seed category has been recognised.
(12) A supplier who places into circulation conformal propagating material of fruit genera and species or propagating material of fruit genera and species referred to in Article 3d other than to the final consumer shall be required to issue a document for such propagating material which shall contain the information provided for in the decree for this document. This document shall be indelibly printed in one of the official languages of the European Union and shall be easily visible and legible.
(13) The particulars of the supplier's document referred to in Article 3 (12) may be limited to the particulars provided for in the Order when the conformical propagating material or fruit and fruit-fruit material and species referred to in Article 3d is put into circulation to the final consumer. ';
Paragraph 11 shall become paragraph 14.
11. in Article 3 (14) (d):
"(d) the particulars of the document referred to in paragraphs 9, 12 and 13;"
12. In Article 3, at the end of paragraph 14, the dot is replaced by a comma and the following point (f) is added:
"(f) requirements and procedures for the production, recognition, packaging, labelling and putting into circulation of garlic seed."
13. in Article 3a (6) (j), "pesticides" is replaced by "plant protection products."
14. in Articles 3b (5) (a), 3c (3) (a) and 19 (8) (k), "EC" is replaced by "EU."
15. After § 3c, the following § 3d is inserted:
Placing into circulation of propagating material of fruit genera and species under special conditions
(1) On the territory of the Czech Republic, propagating material of fruit genera and species the description of which is deposited with the supplier may be put into circulation and is intended for:
(a) experiments or scientific purposes;
(b) for breeding; or
(c) to promote the conservation of genetic diversity.
(2) The propagating material of fruit genera and species referred to in paragraph 1 may be put into circulation by the supplier only if it complies with the characteristics and labelling requirements of propagating material in the category of conformal propagating material.
(3) The propagating material of fruit genera and species intended for putting into circulation under special conditions may be put into circulation only in the quantity laid down in the Decree.
(4) The Institute shall carry out a follow-up check on the varietal identity and purity of propagating material of fruit genera and species intended for circulation under special conditions.
(5) In accordance with the procedure laid down in paragraphs 1 to 4, registered varieties with an official or officially recognised description of the variety may not be put into circulation.
(6) The Ministry provides by decree
(a) the quantity of propagating material referred to in paragraph 3; and
(b) the method of carrying out the follow-up checks on varietal identity and purity referred to in paragraph 4. ';
16. In Article 4, at the end of paragraph 3, the dot is replaced by a comma and the following point (f) is added:
"(f) standard hop propagating material."
17. in Article 4 (4) (a), the words "variety or officially recognised description of variety" shall be added at the end of the text of point 4.
18. in Paragraph 5 (1) (e), the words "its location in the relevant cadastral territory" shall be replaced by the words "the exact designation of the land according to the identification of the part of the soil block under the Farming16 Act."
footnote 16:
"16) Act No. 252 / 1997 Coll., on Agriculture, as amended."
19. in Article 5 (1) (h), the words "or, in the case of propagating material of fruit genera and species, the consent of the licence holder to them" shall be inserted after the word "rights."
20. in Article 5 (2), the words "with the exception of hops, vines, fruit genera and species," shall be inserted after the words "the recognition of the growing crop."
21. in Paragraph 5 (8) (g), the words "paragraphs 6 and 7" shall be replaced by the words "issued by the authorised person";
22. in Article 5, at the end of paragraph 8, the dot is replaced by a comma and the following point (i) is added:
"(i) a list of documents proving the consent of the holder of the breeding rights or of the licence.";
23. in Article 7 (6) (r), the words "the Constitution or" shall be deleted;
24. in Article 9 (2), the words "for garlic seed for the period of application" shall be added at the end of the text in point (a).
25. in Article 15 (3), the word "garlic" is replaced by "garlic seed."
26. In Section 16 (1) of the introductory part of the provision, the words "put into circulation," deleted, the words "for non-final consumers" shall be replaced by the words "for the purpose of putting into circulation" and after the first sentence, the sentence "The supplier who puts into circulation propagating material of vines, hops, fruit genera and species, or ornamental species for non-final consumers, shall be inserted in the Constitution."
27. in Article 16 (4), at the end of the text in point (b), the words "in the case of a supplier of propagating material of fruit genera and species, also the list of predominant fruit genera and species" shall be added.
28. in Article 16 (5) (a), the word "or" shall be deleted;
29. in Paragraph 16 (5):
"(5) The Institute shall cancel the registration:
(a) at the request of a registered person,
(b) if he finds that the registered person has grossly infringed the obligation laid down by this law; or
(c) establish that the registered person has not been engaged in any activity subject to registration under paragraph 1 for more than three years. ";
30. In Article 16 (10), the words "and propagating material of fruit genera and species intended for production and putting into circulation under special conditions' shall be inserted after the words" material '.
31. In Paragraph 16, the following paragraph 11 is inserted after paragraph 10:
"(11) Suppliers registered in accordance with paragraph 1 and suppliers registered in accordance with paragraph 6 shall report to the Institute any change relating to the data referred to in paragraph 4 (a) to (c) and paragraph 6 within 90 days of the date of the change. ';
Paragraph 11 shall become paragraph 12.
32. In Article 16 (12), the words "and propagating material of fruit genera and species intended for production and putting into circulation under special conditions' shall be inserted after the words" material '.
33. In Articles 17 (2) (d), 17 (3) (b) and 17 (6) (c), the words "and under official supervision" shall be deleted.
34. In Article 17, at the end of paragraph 2, the dot is replaced by "a 'and the following point (e) is added:
"(e) parallel official verification inspections of seed crops have been carried out for at least two years and have reached at least 90% conformity with the results of the seed shows carried out by the applicant for authorisation."
35. In Article 17, at the end of paragraph 3, the dot is replaced by "a 'and the following point (c) is added:
"(c) the simultaneous official verification of samples of propagating material have been carried out for at least two years and have reached at least 90% conformity with the results of the samples of propagating material carried out by the applicant for authorisation."
36. in Articles 17 (2) (a), 17 (3) (a) and 17 (6) (a), "9" is replaced by "10."
37. In Article 17, at the end of paragraph 6, the dot is replaced by "a 'and the following point (d) is added:
"(d) the simultaneous official verification of seed tests have been carried out for at least two years and have reached at least 90% conformity with the results of the laboratory seed tests carried out by the applicant for authorisation."
38. In Article 17, the following paragraph 9 is inserted after paragraph 8:
"(9) The Institute may entrust a natural or legal person to carry out sampling and testing of propagating material of fruit genera and species, hops and vines for the purpose of:
(a) the recognition of propagating material of pre-stages, basic or certified propagating material; or
(b) checks on the conformal propagating material, fruit genera propagating material and species intended for production and putting into circulation under special conditions. "
Paragraphs 9 to 14 shall become paragraphs 10 to 15.
39. In Article 17, the following paragraph 12 is inserted after paragraph 11:
"(12) The Institute shall provide initial training and examination of the applicant's theoretical and practical skills for entrustment and regular training and checking of authorised persons at least every two years. ';
Paragraphs 12 to 15 shall be renumbered paragraphs 13 to 16.
40. Paragraph 17 (13) and (14) read:
"(13) The persons and laboratories referred to in paragraphs 1 to 9 shall keep a record of the activities covered by the contract or mandate and shall submit it at any time at the request of the Constitution. The persons and laboratories referred to in paragraphs 1 to 8 shall communicate with the Institute through a public data network.
(14) All acts carried out by persons pursuant to paragraphs 2, 3, 6, 8 and 9 shall be subject to the supervision of the Constitution. In the event of failure to fulfil one of the conditions laid down in the mandate, the Institute may revoke the mandate, stating the reasons for the delegation. The same person may then be re-mandated after a period of at least 3 years. The Institute may also revoke the delegation if it finds that the person to whom the delegation has been granted does not carry out any activity under the delegation for at least one year. ';
41.In Paragraph 17 (16) (a), "9" is replaced by "10."
42.In Paragraph 17 (16) (b), "6 and 8" is replaced by "6, 8 and 9."
43.Paragraph 18 (1) (d) shall be deleted;
Point (e) shall be renumbered as point (d).
44. in Article 18 (4) (c) (2) and Article 18 (4) (d) (2), "and (e)" shall be replaced by "and (d)";
45. in Article 18 (4) (c) (3) and Article 18 (4) (d) (3), "15" is replaced by "17."
46. In Article 18 (9), the words "and hops' shall be inserted after the words" vine material '.
47. in Article 18 (11), the words "ornamental species and fruit and fruit species" shall be replaced by the words "ornamental species, fruit species and vine species."
48. in Article 19 (2) (b), the words "and propagating material of fruit genera and species intended for production and putting into circulation under special conditions" shall be inserted after the words "material."
49. In Paragraph 19, the following paragraph 4 is inserted after paragraph 3:
"(4) Where propagating material which is recognised in accordance with Section 24a, with the exception of vine propagating material and hops, is put into circulation in lots of two or more plants or parts of plants, the lot shall be sufficiently homogeneous. Packing or bundles must be closed in such a way that it is not possible to separate the individual plants without damaging the seal or bond and must be marked in such a way that the removal of the label disables them. '
Paragraphs 4 to 15 shall become paragraphs 5 to 16.
50. In Article 19 (8), the words "plant protection 'shall be added at the end of the text in point (f).
51. In Paragraph 19, the following paragraph 11 is inserted after paragraph 10:
"(11) The supplier who puts into circulation pre-stage propagating material, basic propagating material and certified propagating material of fruit genera and species shall prepare and affix under the supervision of the Institute such propagating material with an official label. ';
Paragraphs 11 to 16 shall become paragraphs 12 to 17.
52. In Article 19 (13), the words ", fruit-plant propagating material and species intended for production and putting into circulation under special conditions' shall be inserted after the words" conformal propagating material '.
53.In Article 19 (17) (b) and (l), "paragraph 4" is replaced by "paragraph 5."
54. in Paragraph 19 (17) (k), "paragraph 5" is replaced by "paragraph 6."
55. In Paragraph 22, the following paragraph 7 is inserted after paragraph 6:
"(7) The audited person or the obliged person shall provide the authorised staff of the Institute with accounting records and tax documents containing the number of lots of propagating material. ';
Paragraphs 7 and 8 shall be renumbered paragraphs 8 and 9.
56. in Article 23 (2), the word "variety" shall be added at the end of the text (c).
57. in § 24 (2) (c):
"(c) is the subject of an application for official registration in any Member State or is the subject of an application for a plant variety right as referred to in (b) and a report drawn up by the competent official body in the European Union or in a third country shows that the variety is different, uniform and permanent (§ 26 (3) to (5)); such propagating material may not be put into circulation until the time of registration of the variety or the period of grant of the protection rights to the variety, or ';
58. in Paragraph 24 (2) (d):
"(d) it is registered in a list of at least one Member State as a variety with an officially recognised description of the variety."
(59) In Article 24 (5) (a), the words "and keep records of them" shall be replaced by the words "keep records of them and keep them for at least 3 years from the date of approval for the placing into circulation of propagating material and, upon request, make them available to the Constitution."
60. in Article 24 (5) (b), the words "or the person empowered under Article 17 (9)" shall be inserted after the word "laboratories 5."
61.Paragraph 24 (6) reads as follows:
"(6) The supplier of propagating material of fruit genera and species, other than those not subject to registration in accordance with Article 16, shall keep a record of crop inspections, sampling and testing for harmful organisms, buying and selling by lot and shall keep it for at least 3 years from the date of removal from or entry into circulation of propagating material. ';
62. In Article 24 (9), the words "into circulation and the requirements for seed and seed of fruit genera and species' are replaced by the words" into circulation, the requirements for seed and seed of fruit genera and species and the details of the record keeping of critical points'.
63. Paragraph 24 (10) is deleted.
64. in Article 24a (1), the words "(a) to (d)" shall be inserted after the words "Article 6 (1)."
65.In Article 24a (2), "Article 6 (2)" is replaced by "Article 6 (3)."
66. In Paragraph 26 (1) (g), the word "Law; 1)" is replaced by the words "Act on the Management of Genetically Modified Organisms and Genetic Products;"
67. In Paragraph 29 (2) (b), the word "Act 1" is replaced by "Act on the Management of Genetically Modified Organisms and Genetic Products."
68. In Paragraph 30, the following paragraph 10 is added:
"(10) The Institute shall not carry out the examination of a variety of fruit species if, on the basis of the official description of the variety submitted by the applicant, it assesses that the conditions for the registration of the variety referred to in Section 26 are fulfilled and a sample of the propagating material of the variety is available. ';
69.In Paragraph 33 (1) (h):
"(h) in the case of a genetically modified variety, the identification of the approval data for putting into circulation in the Czech Republic and the data for the function of genetic modification under the Specific Act on the Management of Genetically Modified Organisms and Genetic Products, and, where the variety is intended for use as food or for the production of foodstuffs, the approval data under the Specific Act (11);"
70. In Article 33, at the end of paragraph 1, the dot is replaced by a comma and the following points (i) and (j) are added:
"(i) in the case of a variety of fruit species, an indication of the official description of the variety or an officially recognised description of the variety;
(j) the period of validity of the marketing authorisation. "
71. in Paragraph 34 (1), the word '20th' is replaced by '30th';
72.In Paragraph 34 (5), "20" is replaced by "30."
73. In Paragraph 34, the following paragraph 6 is inserted after paragraph 5:
"(6) The Institute may extend the registration of a variety for which no written application for renewal has been submitted by way of an order which merely refers to the file, provided that such extension is intended to preserve genetic diversity, sustainable production or serves a different general interest. ';
Paragraphs 6 and 7 shall be renumbered paragraphs 7 and 8.
74. In Article 34, the following paragraph 9 is added:
"(9) In the case of a genetically modified variety, the period of validity of the marketing authorisation shall be limited to the period during which the genetically modified organism from which the variety consists is authorised for cultivation under Regulation (EC) No 1829 / 2003 and the act on the management of genetically modified organisms and genetic products. ';
75. in Article 35a (2) (b) and in Article 35b (2) (b), "paragraphs 6 and 7" are replaced by "paragraphs 7 and 8."
76. After Paragraph 35b, the following Section 35c is inserted:
Registration of varieties with an officially recognised variety description
(1) A variety of fruit species whose plants or propagating material were put into circulation before 30 September 2012 may be registered as a variety with an officially recognised description of the variety.
(2) The application for registration of a variety with an officially recognised description contains the information set out in points (a) to (e) of Paragraph 29 (1) and (g).
(3) When registering a variety with an officially recognised description of the variety, the registered variety shall comply with the conditions laid down in Sections 26 (1) (a) to (c), (e) and (g).
(4) The Institute may refrain from testing for registration if an official description of the variety previously existed for the variety in question or if it has sufficient information, including descriptive information, allowing approval as an officially recognised description of the variety.
(5) Other varieties of fruit species with an officially recognised description which are considered to be entered in the State Variety Book shall be laid down by the Ministry by decree. '
77. in Paragraph 37 (1) (g), the word "legisla.1" is replaced by "the Act on the Management of Genetically Modified Organisms and Genetic Products."
78.In § 38a (1) (b), "§ 19 (10)" is replaced by "§ 19 (12)."
79.In § 38a (2) (r), "§ 19 (4)" is replaced by "§ 19 (5)."
80.In § 38a (2) (s), "§ 19 (5)" is replaced by "§ 19 (6)."
81. in Paragraph 38a (2) (v), the word 'or' is replaced by a comma.
82. In Paragraph 38a, at the end of paragraph 2, the dot is replaced by "or 'and the following point (x) is added:
"(x) as a supplier, shall not report changes in data pursuant to Paragraph 16 (11).";
83.In Paragraph 38a (4), "(c) 'is replaced by" (a)';
84. in Article 38a (5) (a), "to (w)" is replaced by "to (x)";
Transitional provisions
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Regulation Information
| Citation | Act No. 295 / 2017 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 | 15.09.2017 |
|---|---|
| Effective from | 01.11.2017 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Agriculture
The regulation text is for informational purposes only.
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