Act No. 299 / 2021 Coll.
Act amending Act No. 156 / 1998 Coll., on Fertilizers, Soil Aid, Auxiliary Plant Products and Substance and on Agrochemical Testing of Agricultural Soils (Fertilisers Act), as amended, and other related laws
Valid
Law
Effective from 01.10.2021
299
THE LAW
of 21 July 2021
amending Act No. 156 / 1998 Coll., on fertilisers, soil improvers, auxiliary plant preparations and substrates and on agrochemical testing of agricultural soils (Fertilisers Act), as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Fertiliser Act
Act No. 156 / 1998 Coll., on fertilisers, soil improvers, auxiliary plant products and substrates and on agrochemical testing of agricultural soils (Fertilisers Act), as amended by Act No. 308 / 2000 Coll., Act No. 147 / 2002 Coll., Act No. 317 / 2004 Coll., Act No. 444 / 2005 Coll., Act No. 553 / 2005 Coll., Act No. 9 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 183 / 2017 Coll., Act No. 295 / 2017 Coll., is amended as follows:
1. In the heading of the Act, the words "auxiliary plant products' are replaced by the words" plant biostimulants'.
2. footnote 2 shall read:
"(2) Regulation (EU) 2019 / 1009 of the European Parliament and of the Council laying down rules for the making available on the market of EU fertilising products and amending Regulations (EC) No 1069 / 2009 and (EC) No 1107 / 2009 and repealing Regulation (EC) No 2003 / 2003, as amended."
3. in Article 1 (1) (a), the words "auxiliary plant products" shall be replaced by the words "plant biostimulants."
4. in Articles 1 (2) (a) and (b), 1 (4) and 3 (3), the words "herbal aids" shall be replaced by "plant biostimulants."
5. In Article 1 (5), the words "The provisions of the directly applicable European Union Fertiliser Regulation (2) shall apply 'are replaced by the words" The provisions of the directly applicable European Union Fertiliser Regulation (EU2)'.
6. Paragraph 2 (j) reads as follows:
"(j) a plant biostimulant substance as referred to in Article 3 of Regulation (EC) No 1107 / 2009,"
7. In Section 2 (l), the words "auxiliary plant products' are replaced by the words" plant biostimulants'.
8. In Article 2 (p), the words "auxiliary plant preparation 'are replaced by the words" plant biostimulant'.
9. In Article 2, at the end of point (p), the dot is replaced by a comma and the following points (q) to (s) are added:
"(q) by the technological waters separately stored and used soil aid resulting from livestock farming and simple processing of plant products and containing a maximum of 1,5% dry matter and 0,1% nitrogen;
(r) digesture organic fertiliser resulting from anaerobic fermentation in the production of biogas;
(s) feed a part of the open-air agricultural holding where, in addition to grazing, there is additional farming care, in particular feeding, with a greater concentration of livestock on the area than during grazing. ';
10. in Article 3 (1) (a), the words "and EC fertilisers" shall be deleted;
11. in Article 3 (1) (c), the words "[paragraph 2 (c)]" shall be deleted;
12. in Article 3 (2), the word "or" shall be deleted at the end of (c).
13. in Article 3 (2), at the end of point (d), the dot is replaced by "or" and the following point (e) is added:
"(e) containing a plant protection product 21)."
14. in Paragraph 3 (3), the words "(hereinafter referred to as" the excipients ")" shall be deleted and the sentence "Technological waters resulting from the simple processing of plant products shall not contain any added substances other than basic raw material and water shall be added at the end of the paragraph."
15. in Articles 3 (4), 3a (1), 3a (2) (b) and 3a (4) (a), the words "or aids" are replaced by the words "soil improvers, plant biostimulant or substrate."
16. In Article 3, at the end of paragraph 4, the sentence "Derogations for individual nutrients and for total nutrient content shall not be exceeded."
17. in Articles 3 (5), 7 (7) and (8) and 9 (10) (a) and (c), the words "and excipients" shall be replaced by the words "soil aids, plant biostimulants and substrates."
18. In sections 3a and 7, the words "and the excipients' are replaced by the words", soil aids, plant biostimulants and substrates'.
19. in § 3a (1), § 3a (2) (c), § 3a (3), § 3a (4) of the introductory part of the provision, § 3b (1) and in § 14a (2) (a) to (f), the words "or an excipient" shall be replaced by the words "soil improvers, plant biostimulant or substrate."
20. in Article 3a (2) (d), the words "or auxiliary substance" shall be replaced by the words "soil aid, plant biostimulant or substrate."
21. in § 3b (1) and § 8 (1) (d), the words "or excipients" shall be replaced by the words "soil aids, plant biostimulants or substrates."
22. in Article 4 (2), at the end of point (d), the word "a" is replaced by a comma, at the end of paragraph 2 the dot is replaced by "a" and the following point (f) is added:
"(f) operating rules where the operator of the waste recovery facility is the applicant under the Waste Act."
23. in Articles 4 (8), 5 (8), 6 (4), 7 (6), 12 (2) and 13 (5), the words "aids" are replaced by the words "soil improvers, plant biostimulants and substrates."
24. in Paragraph 4 (9):
"(9) The Ministry shall establish by decree the types of fertilisers, soil improvers, plant bio-stimulants and substrates, binding procedures for the sampling of fertilisers, soil improvers, plant bio-stimulants and substrates, and for carrying out chemical analyses, biological tests and tests. ';
25. Paragraph 6 (1) reads:
"(1) The registered, reported and reported mutually recognised fertilisers, soil improvers, plant bio-stimulants and substrates shall be entered in the fertiliser register (the register), which shall be maintained by the Institute."
26. in Article 7 (1) (c), the words "biological" shall be inserted after the word "chemical," and the words "percentage of weight" shall be inserted after the word "biological";
27. in Article 7 (2), the words "or promoting" shall be inserted after the words "indicating."
28. in Paragraph 7 (4):
"(4) Packed fertilisers put into circulation must be labelled on the packaging or on the packaging. Fertilisers which can only be put into circulation for safety reasons are provided for in the Decree. In the case of bulk fertilisers and large packages over 50 kg, the labelling may be indicated only in the accompanying documentation. ';
29. in Article 7 (5), the second sentence is replaced by the following: "The packaging must not adversely affect the characteristics of the fertiliser and must be closed in such a way that, by opening the packaging or closing the packaging is irreparably damaged."
30. in Paragraph 8 (1), the introductory part of the provision reads:
"Agricultural entrepreneurs (11), production3a), important3a) or a supplier who stores fertilisers or soil improvers, plant biostimulants or substrates, where appropriate, shall be obliged to fertilisers, soil improvers, plant biostimulants and substrates'.
31. in Paragraph 8 (2):
"(2) The persons referred to in paragraph 1 shall take measures to prevent the leakage of liquid fertilisers. The provisions of paragraph 1 (a) to (c) shall not apply to manure and organic fertilisers produced by an agricultural operator for its own use. ';
32. in Article 8 (4), the words "and the feeding grounds must be operated" shall be inserted after the word "stored."
33. In Article 8, the following paragraph 5 is inserted after paragraph 4:
"(5) Solid organic compost fertiliser, digestor assembly and manure including manure separation may be stored on agricultural land for a maximum period of 24 months in places suitable for their storage approved in the emergency plan under the Water Act. At the same place, these fertilisers may be re-deposited no earlier than 3 years. '
Paragraph 5 shall become paragraph 6.
34. in Paragraph 8 (6):
"(6) By decree, the Ministry shall determine the method of storage of fertilisers, soil improvers, plant bio-stimulants and substrates, storage capacity and conditions for the operation of the feeding plant."
35. In Section 9, the words "excipients' are replaced by the words" soil improvers, plant biostimulants, substrates'.
36. in Paragraph 9 (1):
"(1) Agricultural entrepreneurs (11) are obliged to use fertilisers, soil improvers, plant biostimulants, substrates, treated sludge and sediments in accordance with this Act, the Waste Act and the Agricultural Soil Fund12b Act. Fertilizers, soil aid substances, plant biostimulants, substrates and treated sludges shall not be introduced into the soil by the Ministry, when they are used, of the risk elements or of the risk substances in the amount specified by the Ministry for fertilisers, soil improvers, plant biostimulants and substrates, and of the treated sludges by the Ministry for Specific Legislation 12c). Fertilizers, soil aids, plant biostimulants, substrates, treated sludges and sediment must be used in such a way that water contamination, direct intrusion into surface water or adjacent land cannot occur. For the determination of fertilisation needs, the nutrient sampling coefficients shall be based on plants. Sediments shall not be used if the content of the risk elements and the risk substances in the sediment and in the soil to which they are intended to be used and other properties of the sediment exceed the limits laid down in the implementing legislation. ';
37. in Article 9 (2) and (6), the words "and auxiliary substances" shall be replaced by the words "soil improvers, plant biostimulants and substrates."
38. in Article 9 (2) (b), the words "not in accordance with the particulars on their labelling" shall be inserted after the words "use."
39. In Article 9, at the end of paragraph 3, the sentence "An agricultural entrepreneur shall use sediments in accordance with the agreement on the use of sediments on agricultural land granted by the authority for the protection of the agricultural land fund under the special legislature24)."
Footnote 24 reads:
"24) § 3a of Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund, as amended."
40. in Article 9 (4) and in Article 14a (2) (g) and (h), the words "or excipients" shall be replaced by the words "soil improvers, plant biostimulants or substrates."
41. In Article 9, the sentence "Agricultural entrepreneurs using treated sludge and sediment on agricultural land shall be added at the end of paragraph 4, and shall be obliged to send the Institute no later than 14 days before their application a report under the implementing legislation."
42.Paragraph 9 (5) reads as follows:
"(5) Digestates may be used on agricultural land and forest land only if they are registered under this law; This shall not apply if they are exclusively produced from manure or feed. ';
43. Paragraph 9 (7) and (8) read:
"(7) Agricultural entrepreneurs are required to keep records of:
(a) fertilisers, soil improvers, plant biostimulants and substrates used on agricultural land and forest land; that obligation does not apply to the registration of by-products in the cultivation of cultural plants, except straw,
(b) treated sludge and sediments used on agricultural land; and
(c) yield of the main and by-product harvested except permanent grassland according to land use records according to user relations.
Such records shall be kept by land, crops and years for the quantity, type and time of their use and shall be kept for at least 7 years. At the request of the Institute, agricultural entrepreneurs shall submit the register and allow verification of the particulars listed therein.
(8) Farmers with an area of more than 20 ha according to land use records according to user relations shall be required to keep the register referred to in paragraph 7 in electronic form and to transmit it to the Institute in electronic form by the end of January for the previous calendar year. ';
44. in Paragraph 9 (9), the words "ingredients" are replaced by the words "soil improvers, plant biostimulant, substrate."
45. in Article 9 (10) (b) and Article 10 (1) (a), the words "ingredients" shall be replaced by the words "soil improvers, plant biostimulants, substrates."
46. In Article 9, at the end of paragraph 10, the dot is replaced by a comma and the following points (d) and (e) are added:
"(d) the method of keeping records of the yield of the main and by-product harvested, the data on the average collection of nutrients in the products harvested and the manner and form of electronic transmission of the register; and
(e) limits for the introduction of risk elements of fertiliser, soil aid, plant biostimulants and substrates when used on agricultural land. ';
47. in Article 9 (11), the words "the method of reporting the use of sediment," shall be inserted after the words "the use of sediment."
48. Footnote 12d reads:
"12d) Regulation (EU) 2017 / 625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities carried out to ensure the application of food and feed law, animal health and animal welfare, plant health and plant protection products, amending Regulations (EC) No 999 / 2001, (EC) No 396 / 2005, (EC) No 1069 / 2009, (EC) No 1107 / 2009, (EU) No 1151 / 2012, (EU) No 652 / 2014, (EU) No 652 / 2014 / 43 / EC, (EU) 2016 / 119 / EC and 2008 / 120 / EC and repealing Regulations (EC) No 1099 / 2009 and (EC) No 1058 / EC, 1999 / 74 / EC, 2007 / 43 / EC, 2008 / 119 / EC and 2008 / 120 / EC and repealing Regulation (EC of the European Parliament and Council Regulations (EC) No 854 / 2004, Council Directives 89 / 608 / EEC, 89 / 662 / EEC, 90 / EEC, (EC, (EC, (EC), (EC), (EC), (EC), (EC), (EC), (EC), (EC)
49. in Articles 11 (3), 14 (2) and 14a (1) (d), the words "or sublet" shall be replaced by the words "sublet";
50. In Article 11 (4), the words "or subtenant 'are replaced by the words" lodger or lodger' and the words "or lodger 'are replaced by the words" lodger or lodger'.
51. in Article 12 (1) (c), "§ 3 (6)" is replaced by "§ 3a."
52. In footnote 16b, the sentence "Regulation (EC) No 2003 / 2003 of the European Parliament and of the Council of 13 October 2003 on fertilisers, as amended 'is replaced by the sentence" Regulation (EU) 2019 / 1009 of the European Parliament and of the Council laying down rules for the making available on the market of EU fertilising products and amending Regulations (EC) No 1069 / 2009 and 1107 / 2009 and repealing Regulation (EC) No 2003 / 2003, as amended'.
53. The heading above the title of Section 14 is deleted.
54. in Article 14a (1) (a), the words "ingredients" shall be replaced by the words "soil improvers, plant biostimulants, substrates" and the words "or implementing legislation issued pursuant to Article 9 (10) or (11)" shall be added at the end of the text of point (a);
55. in Paragraph 14a (1) (b):
"(b) in contravention of Article 9 (7) and (8), does not maintain, on request by the Institute or for a period of 7 years, a record of the quantity, type and time of application of fertilisers, soil improvers, plant biostimulants, substrates, treated sludge and sediments, or of the yield of the main and by-product by plot, crop and year, ';
(56) In Article 14a (1) (c) and (e), the words "tenant, lodger or smuggler" shall be inserted after the words "owner."
57. in Article 14a (1) (d), the words "property," or "property," shall be replaced by "property,"
58. in Paragraph 14a, at the end of paragraph 1, the dot is replaced by a comma and the following points (f) to (h) are added:
"(f) shall not notify the Institute of the use of treated sludge or sediments pursuant to Article 9 (4);
(g) it shall not transmit the register referred to in Article 9 (7) within the time limit and in the manner laid down in Article 9 (8); or
(h) it shall not record the use of fertiliser, soil aid, plant biostimulant or substrate, treated sludge or sediment within the period laid down in Section 9 (9). ";
59. In Paragraph 14a (2) (a), the word "announced" shall be inserted after the word "registered."
60. in Article 14a (2), the following point (g) is inserted after point (f):
"(g) in contravention of Article 3 (2) (e), it shall put into circulation fertiliser, soil aid, plant biostimulant or substrate containing a plant protection product (21),"
Points (g) to (j) shall be renumbered as points (h) to (k).
61. in Article 14a (2) (i), the words "or operates a feeding centre" shall be inserted after the word "substrates."
62.In Article 14a (3) (a), "(c) or (d)" is replaced by "(d) or (f) to (h)."
63.In Article 14a (3) (b), the words "(h) or (j)" are replaced by the words "(k)."
64. in Paragraph 14a (3) (c), the words "(g), (i) or (j)" shall be replaced by the words "to (j) or (k)";
65.In Article 14a (3) (d), "or (j)" is replaced by "or (k)."
Transitional provision
Administrative proceedings initiated pursuant to Act No. 156 / 1998 Coll., on fertilisers, as effective before the date of entry into force of the Act, and have not been definitively completed before the date of entry into force of the Act, shall be completed in accordance with Act No. 156 / 1998 Coll., as effective before the date of entry into force of the Act.
Amendment of the Act on conformity assessment of specified products when making them available on the market
In Part Two, Head I Act No. 90 / 2016 Coll., on the conformity assessment of specified products when making them available on the market, as amended by Act No. 265 / 2017 Coll. and Act No. 526 / 2020 Coll., Section 6 is inserted after Section 5, which includes the title and footnote No 18:
EU fertilizers
(1) In the Czech Republic, the Office is the body responsible for notified bodies within the meaning of the directly applicable European Union Regulation in the field of fertilizers EU18).
(2) If the directly applicable European Union regulation in the field of EU fertilising products refers to a language designated or requested by a Member State, this language is the Czech language in the Czech Republic.
18) Regulation (EU) 2019 / 1009 of the European Parliament and of the Council laying down rules for the making available on the market of EU fertilising products and amending Regulations (EC) No 1069 / 2009 and 1107 / 2009 and repealing Regulation (EC) No 2003 / 2003. '
Amendment to the State Land Authority Act
In Article 4 of Act No. 503 / 2012 Coll., on the State Land Office and on the amendment of certain related laws, as amended by Act No. 185 / 2016 Coll., Act No. 295 / 2017 Coll. and Act No. 229 / 2019 Coll., the following paragraph 3 is inserted after paragraph 2:
"(3) The State Property Office procures, by construction or acquisition into the State, major irrigation installations, main drainage installations and buildings to protect land from erosion of water activity. With the State property referred to in the first sentence, the State Property Office is competent to manage. '
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
EFFECTIVE
This Law shall take effect on the first day of the second calendar month following its publication, with the exception of the provisions of:
(a) the first part of Article I (43), as regards Sections 9 (7) (c) and 9 (8), which shall become effective on 1 January 2022; and
(b) in the first part of Article I, points 2, 5 and 52, which shall take effect on 16 July 2022.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 299 / 2021 Coll., amending Act No. 156 / 1998 Coll., on Fertilisers, Soil Auxiliary Substances, Auxiliary Plant Products and Subjects and on Agrochemical Testing of Agricultural Soils (Fertilisers Act), as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.08.2021 |
|---|---|
| Effective from | 01.10.2021 |
| Effective until | - |
| Status | Valid |
Public Contracts 5
Bytový dům, ul. Vrchlického, Jeseník - příprava projektové dokumentace
Město Jeseník
A2 ARCHITEKTI s.r.o.
9 922 000 CZK
18.11.2025
Brownfield Růžová - lesopark
Obec Růžová
OK GARDEN s.r.o.
1 695 912 CZK
01.09.2025
Smlouva PD Přestavba BD Pr. Veselého 46, 48, 50, 52
Město Hodonín
ŤUPA ARCHITECTS s.r.o.
6 872 800 CZK
28.05.2025
Brownfield Růžová - Demolice a zemní práce
Obec Růžová
TREPART s.r.o.
2 937 943 CZK
17.03.2025
Notifications
Smlouva o dílo o realizaci stavby k inv. akci Rekonstrukce Klatovská 19, Plzeň
statutární město Plzeň
SILBA-Elstav s.r.o.
210 481 023 CZK
04.09.2024
Source:
Hlídač státu
(CC BY 3.0 CZ)
The regulation text is for informational purposes only.
Comments 0