Act No. 300 / 2009 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 seed and seed), as amended
Valid
Law
Effective from 15.10.2009
Text versions:
15.10.2009
04.09.2009
300
THE LAW
of 23 July 2009
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
Parliament has decided on this law of the Czech Republic:
Act No. 219 / 2003 Coll., on the putting into circulation of seeds and propagating plants and amending certain laws (Act on the circulation of seed 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. and Act No. 227 / 2009 Coll., is amended as follows:
1. The following is added at the end of footnote 1:
"Commission Directive 2007 / 72 / EC of 13 December 2007 amending Council Directive 66 / 401 / EEC as regards the inclusion of Galega orientalis Lam.
Commission Directive 2008 / 62 / EC of 20 June 2008 providing for certain derogations for the authorisation of agricultural border varieties and varieties naturally adapted to local and regional conditions and threatened by genetic erosion and for the marketing of seed and seed potatoes of those varieties. ';
2. In Article 2, at the end of paragraph 2, the dot is replaced by a comma and the following points (o) to (r) are added:
"(o) genetic erosion the gradual loss of genetic diversity between and within populations or varieties of the same species, or the narrowing of the genetic base of the species as a result of human intervention or environmental changes,
(p) a region variety of populations or clones of plant species which are naturally adapted to environmental conditions in their area,
(q) the variety retained by the county variety or variety naturally adapted to local and regional conditions and threatened by genetic erosion, registered due to its importance for the conservation of plant genetic resources,
(r) the region of origin of traditional cultivation of the conservation variety to which the variety is naturally adapted. "
3. In Article 3 (10) (c), the words "basic propagating material 'and the words" paragraphs 6 and 7' shall be inserted after the words "pre-stages'.
4. After Paragraph 3a, the following Section 3b is inserted:
Production and marketing of seed of conservation varieties
(1) The seed of the conservation variety may only be produced in the region of origin of that variety. Where, due to adverse environmental conditions, recognised seed cannot be produced in the region of origin, the Institute may, on the basis of a recommendation from the person responsible for the plant genetic resources and micro-organisations3c, approve another area for the production of seed of the variety concerned, taking into account any Commission decision laying down restrictions or conditions for the establishment of that area. The seed of a conservation variety produced in another seed production area may only be used in the region of origin.
(2) The seed of the conservation variety may only be put into circulation in the region of origin. The Institute may approve other areas within the territory of the Czech Republic for the marketing of seed of a conservation variety if these areas are comparable to the region of origin as regards the natural and semi-natural habitats of that variety. If the Institute approves such another area, the variety maintenance shall keep for the conservation of the variety in its region of origin such a quantity of seed as provided for in the implementing legislation. Where an additional seed production area referred to in paragraph 1 has been approved, the Institute for the variety in question shall not approve another seed production area under this paragraph.
(3) The seed of the conservation variety may be put into circulation only if:
(a) comes from seed produced according to the principles of maintenance of the variety;
(b) satisfies the requirements for the characteristics of seed in the category of certified propagating material;
(c) it has been produced in a region of its origin or another region approved in accordance with paragraph 1;
(d) tests to determine the characteristics of propagating material have been carried out according to internationally applicable methods.
(4) The quantity of seed of each conservation variety put into circulation and the total quantity of seed of all conservation varieties of one species put into circulation for the growing season shall be determined in accordance with the procedure laid down in the implementing legislation. The supplier who produces propagating material shall notify the Constitution of the size and location of the propagation crop of the conservation variety before the beginning of each growing season. Where those notifications show that the quantities established under this paragraph will be exceeded, the Institute shall allocate to each supplier concerned which produces propagating material the quantity of seed which may be put into circulation during the relevant growing season. The supplier shall report to the Institute for each growing season the quantity of seed of each conservation variety put into circulation.
(5) The seed packages put into circulation shall be sealed by the supplier in such a way that the packaging cannot be opened without damaging the sealing system or leaving traces of disturbance on the supplier's label or on the packaging. The supplier's label or seal shall be part of the sealing system. The packages of seed put into circulation must bear the supplier's label or printing, containing the following particulars:
(a) the designation "EC rules and standards,"
(b) the supplier's designation and address or his identification mark;
(c) the year of closure of the packaging, expressed in "Closed," followed by the year in question, expressed in four figures, or not by seed potatoes, the year of the last sampling for the purposes of the germination test, expressed in "Sampled," followed by the year in question, expressed in four figures,
(d) the name of the species,
(e) the name of the variety retained;
(f) the designation "variety retained,"
(g) the region of origin of the conservation variety,
(h) the seed production area where it is different from that of the conservation variety,
(i) the lot number allocated by the supplier;
(j) the net or gross weight of the package, or, if not seed potatoes, the number of seeds,
(k) in the case of granulated plant protection products, packaging substances or other solid ingredients, the type and indicative ratio between the weight of pure seed and the total weight, not including seed potatoes.
(6) The Institute carries out a follow-up check on the varietal identity and purity of the seed of the conservation variety put into circulation by a growing test.
(7) The Ministry provides by decree
(a) the quantity of seed referred to in paragraph 2;
(b) the method of determining the quantity of seed of each conservation variety which may be put into circulation;
(c) the method of determining the total quantity of seed of all varieties retained of one species which may be put into circulation;
(d) the method for carrying out subsequent checks on seed of the conservation variety put into circulation in accordance with paragraph 6.
3c) Act No. 148 / 2003 Coll., on the conservation and use of genetic resources of plants and micro-organisms of importance for nutrition and agriculture and amending Act No. 368 / 1992 Coll., on administrative charges, as amended, (Act on genetic resources of plants and micro-organisms), as amended. '
5. Paragraph 4 (15) reads as follows:
"(15) The Ministry shall determine by decree:
(a) technological procedures and methods of sampling, including the procedure for determining the heterogeneity of the seed lot;
(b) the procedure for checking the accompanying documents of the lot of propagating material and the models thereof;
(c) binding instructions for re-sealing and labelling of packaging after inspection;
(d) particulars of the document submitted pursuant to paragraph 10 (b) and paragraph 13 (b). ";
6. In Paragraph 22 (5) (b), "5 'is replaced by" 6'.
7. In Paragraph 34, the following paragraph 7 is added:
"(7) Where more than one Member State has been made available for the variety entered in the common catalogue of varieties, the last period to expire shall apply to the marketing of such varieties in all Member States. '.
8. After Paragraph 35, the following Section 35a is inserted:
Registration of conservation varieties
(1) A county variety or variety naturally adapted to local and regional conditions and threatened by genetic erosion may be registered as a conservation variety. The variety must be significant in terms of conservation of plant genetic resources; The Institute may, for the purpose of its assessment, request the opinion of the person responsible under the Act on genetic resources of plants and micro-organisms (3c). A variety of an agricultural species may be registered as a conservation variety.
(2) However, pursuant to paragraph 1, a variety which:
(a) it is already registered as a variety other than a conservation variety in the common catalogue;
(b) has been deleted from the common catalogue during the last 2 years or within 2 years of the expiry of the period laid down in accordance with Article 34 (6) and (7); or
(c) is protected under the Law on the Protection of Rights to Variety (m2) or under the directly applicable Regulation of the European Communities on Community Plant Variety Rights (4b) or a variety with which an application for such Protection Rights is made.
(3) The variety testing need not be carried out if, alongside the name of the variety and its description, sufficient information is available for the marketing authorisation of the conservation variety. This is mainly about information
(a) based on the results of official tests,
(b) based on practical experience in the cultivation, propagation and exploitation of the conservation variety; or
(c) obtained under the procedure laid down in the Act on genetic resources of plants and micro-organisms (3c).
(4) The Institute may allow derogations from the directly applicable Regulation of the European Communities (11b) with regard to the names of conservation varieties known before 25 May 2000, except where such derogations would be contrary to the previous rights of a third party which are protected under Article 2 of this Regulation.
(5) At the time of registration of the conservation variety, the Institute shall determine, on the basis of the information delegated to the person3c, the region or regions of origin of the variety concerned.
(6) The variety kept must be kept in its region of origin. "
9. in Paragraph 38a (2) (k), a comma is inserted after the word "material."
10. in Paragraph 38a, at the end of paragraph 2, the dot is replaced by a comma and the following points (u) and (v) are added:
"(u) as a supplier producing propagating material of conservation varieties, shall not notify the Institute before the beginning of each growing season of the area and location of the propagation crops of conservation varieties; or
(v) as a supplier, the Institute shall not report for each growing season the quantity of seed of each conservation variety put into circulation in accordance with Article 3b (4). ";
11. in Article 38a (5) (a), the words "paragraphs 2 (a) to (i), 2 (n) to (t) and 4" shall be replaced by "paragraphs 2 (a) to (i) and 2 (n) to (v) or 4";
12. in Paragraph 38a (5) (b), "and paragraph 3" shall be replaced by "or paragraph 3";
13. in Paragraph 38a (5) (c), "and (m)" is replaced by "or (m)."
14. in § 38b (2) (b), the words "§ 12 (7) (c)" shall be inserted after the words "§ 12 (7) (c)."
15. in Article 38b (2) (k), a comma is inserted after the word "material."
16. in Paragraph 38b, at the end of paragraph 2, the dot is replaced by a comma and the following points (u) and (v) are added:
"(u) as a supplier producing propagating material of conservation varieties, shall not notify the Institute before the beginning of each growing season of the area and location of the propagation crops of conservation varieties; or
(v) as a supplier, the Institute shall not report for each growing season the quantity of seed of each conservation variety put into circulation in accordance with Article 3b (4). ";
17. in Article 38b (5) (a), the words "paragraphs 2 (a) to (i), 2 (n) to (t) and 4" shall be replaced by "paragraphs 2 (a) to (i) and 2 (n) to (v) or 4";
18. in Paragraph 38b (5) (b), "and paragraph 3" shall be replaced by "or paragraph 3."
19. in Paragraph 38b (5) (c), "and (m)" is replaced by "or (m)."
20. In Paragraph 39, at the end of paragraph 1, the dot is replaced by a comma and the following point (n) is added:
"(n) the regions of origin of the conservation varieties referred to in Article 35a (5) and other areas approved under Article 3b (1) and (2), including any restrictions or conditions laid down by the Commission.";
21. In Paragraph 39, at the end of paragraph 2, the dot is replaced by a comma and the following points (c) and (d) are added:
"(c) the quantity of seed of each conservation variety put into circulation in the Czech Republic,
(d) information on the designated regions of origin and other areas which the Institute intends to approve for the production of seed of conservation varieties and other areas approved for the marketing of seed of conservation varieties. "
22. Paragraph 42 (1) is deleted.
Paragraphs 2 and 3 shall be renumbered paragraphs 1 and 2.
23. in Paragraph 42 (2), "Article 22 (7)" is replaced by "Article 22 (8)."
24. In Annex No 1, Part 1.2.2, the following is inserted under the heading "Legumes and clover ':
| „Galega orientalis Lam. | Jestřabina východní“. |
Efficacy
This Law shall take effect on the 15th day of the calendar month following its publication.
z.
Klaus v. r.
Fischer v. r.
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Regulation Information
| Citation | Act No. 300 / 2009 Coll., on the circulation of seeds and propagating plants and amending certain laws (Act on the circulation of seeds and seed), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.09.2009 |
|---|---|
| Effective from | 15.10.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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