What is Full text of Act No. 316 / 2006 Coll.?

Full text of Act No. 316 / 2006 Coll., Act No. 219 / 2003 Coll., on the circulation of seeds and propagating plants and on the amendment of certain laws (Act on the circulation of seeds and seed), as resulting from subsequent amendments — Full text of Act No. 219 / 2003 Coll., on the circulation of seeds and propagating plants and on the amendment of certain laws (Act on the circulation of seeds and seed), as resulting from subsequent amendments.

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Full text of Act No. 316 / 2006 Coll. - Full text of Act No. 219 / 2003 Coll., o...

316

PRESIDENT OF THE GOVERNMENT

Announces

full text of Act No. 219 / 2003 Coll., on the circulation of seeds and propagating plants and on the amendment of certain laws (Act on the circulation of seeds and seed), as is apparent from the amendments made by Act No. 444 / 2005 Coll. and Act No. 178 / 2006 Coll.

THE LAW

on the circulation of seed and seed

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

GROWTH, PLANTS AND PLANTS

HLAVA PRVNÍ

GENERAL PROVISIONS

§ 1

Subject matter

(1) This Act incorporates the relevant provisions of the European Community1) and provides for the marketing of seed and planting plants, the registration of varieties of plant species (hereinafter referred to as the "species list") listed in Annex 1 to this Act and varieties of ornamental species, the supervision of compliance with the obligations laid down by this Law to legal and natural persons and the penalties applicable to infringements thereof.

(2) This Act shall not apply to propagating material of cultivated plants for research and experimental purposes, for the breeding of new plant varieties and for the conservation of plant genetic diversity, except for vine propagating material. Furthermore, this law does not apply to forest reproductive material of forestry species and artificial cross-breeds intended for forest renewal and afforestation and for maintaining and increasing the biological diversity of forests, including the genetic diversity of trees and sustainable forest management.

§ 2

Definition of terms

(1) In this Act:

(a) a variety of plants belonging to the lowest degree of botanical grading, defined by the expression of characters resulting from a particular genotype or combination of genotypes, distinguishable from each other by the expression of at least one of those characteristics, and considered to be a reproduction unit unchanged;

(b) propagating material for seed and planting of grown plants,

(c) seed for planting or growing plants; seed shall also be considered seed potatoes and the provisions of point (d) shall not apply to it;

(d) plants or parts of plants intended for reproduction or cultivation;

(e) components of a variety of lines, clones or other varieties from which the variety in question is composed or from which propagating material of the variety is produced,

(f) a genetically modified variety which includes genetically modified plants: (1a),

(g) by maintaining the variety, a procedure according to generally accepted practice ensuring the uniformity and stability of the variets2);

(h) the breeder of the variety is the person responsible for the maintenance of the variety;

(i) by putting into circulation commercial storage, sale or any other means of transferring or transferring propagating material to another person, provided that such activities are carried out for commercial use, the marketing for sale being considered as being put into circulation; the production or treatment of propagating material for any other person not connected with the transfer or transfer of propagating material and the provision of propagating material for breeding, research and experimental purposes shall not be considered as putting into circulation;

(j) by recognition procedure, the process of official testing of propagating and planting material; certification of the characteristics of propagating material for export purposes with the issuing of internationally valid certificates is also a form of recognition procedure,

(k) vegetable seedlings of young plants made from seed, seed or part of plants for planting for vegetable cultivation for final consumption;

(l) the rootstock of the genus or species including their hybrids and varieties suitable for grafting vine varieties, fruit genera and species, ornamental species or vegetables,

(m) an official description of the variety, a description of the variety drawn up on the basis of official tests for the difference, uniformity and stability of the variety, including the characteristics by which the variety is defined, relating to plants grown from recognised or standard seed or seed;

(n) breeding material categories of propagating material, pre-stage propagating material, basic propagating material, certified propagating material, standard vegetable seed, standard planting material, conformal propagating material of fruit genera and species or commercial seed distinguishing between the biological value and the extent of monitoring of the characteristics of the propagating material concerned;

(o) breeding propagating material corresponding to the official description of the variety in the care of a variety maintenance who serves for the production of pre-stage propagating material and is not subject to recognition procedure, unless it is put into circulation or used for the production of certified propagating material,

(p) propagating material of pre-stages of propagating material produced or provided by the variety manager as a category prior to basic propagating material;

(q) basic propagating material propagating material produced by or under the supervision of the keeper directly from breeding material or pre-stage propagating material or for the manufacture of certified propagating material;

(r) certified propagating material produced directly from recognised breeding material, pre-stage propagating material or basic propagating material, or certified propagating material;

(s) the standard seed of a registered vegetable variety or vegetable variety listed in the common catalogue of varieties not subject to certification and intended in particular for the production of vegetables,

(t) the standard propagating material of the seed vine, which is genuine and varietal pure, intended for the production of grapes or for the production of plants or parts of such plants, intended for the production of grapes which complies with the requirements laid down in this law and for which compliance with these requirements has been verified by official examination;

(u) conformal propagating material of a variety, fruit genus and species not subject to recognition procedure;

(v) commercial seed of listed agricultural species meeting the characteristics of certified propagating material, with the exception of varietal identity and varietal purity requirements;

(w) the generation year or order of subsequent propagation within one category of propagating material used for pre-stage propagating material and certified propagating material;

(x) crop crops for the production of propagating material;

(y) the supplier is a legal or natural person who puts into circulation or who produces or imports, where appropriate, propagating material from third countries for the purpose of putting into circulation;

(z) a clone of vegetatively propagated offspring of the variety, selected on the basis of the varietal identity of the characteristics of its phenotype and its health status.

(2) In this Act, the following definitions also apply:

(a) by lots of propagating material, the quantity expressed by weight or number of pieces of uniform propagating material;

(b) by the State Variety Book, an official list of plant varieties registered in the Czech Republic for the recognition and entry into circulation;

(c) the closed growing area of the cadastral territory in which the arrangements for the protection of propagating material are applied;

(d) health class for the designation of vine propagating material, hops, fruit and species free from or tested for viruses;

(e) a common catalogue of varieties of agricultural plant species or a common catalogue of varieties of vegetable species drawn up by the competent authority of the European Communities on the basis of the lists of varieties of the Member States published in the Official Journal of the European Union;

(f) an official examination of the professional and test operations carried out by the Central Audit and Examination Institute of the Agricultural Institute (hereinafter referred to as "the Institute") or by an authorised person under this Act and under the Specific Law (3);

(g) a registered variety registered in the State Variety Book;

(h) equivalence for seed shows granted by third countries (2a), ensuring that seed shows carried out in that third country are equivalent to seed shows carried out under this law;

(i) equivalence for seed of an approval granted by a third country (2a), guaranteeing that seed produced in that third country is equivalent to seed produced in accordance with this law;

(j) by official supervision, a set of control measures carried out by the Constitution;

(k) propagating material of fast-growing timber material grown on agricultural land for the establishment of production crops of fast-growing trees;

(l) seed with an uncompleted certification of seed harvested in another Member State of the European Communities (hereinafter referred to as "the Member State") or in a third country from a propagation crop meeting requirements comparable to those laid down by this law or harvested in the Czech Republic from a propagation crop complying with the requirements of this law, provided that it is intended for recognition in another Member State for which the recognition procedure has not yet been completed,

(m) ornamental species of ornamental plants without distinguishing the degree of their botanical grading.

HLAVA DRUHÁ

CIRCUMSTANCES

§ 3

Placing of propagating material into circulation

(1) Reproduction material may only be put into circulation:

(a) where breeding material, pre-stage propagating material, basic propagating material, certified propagating material of agricultural species, vegetables, hops, vines and fruit genera and species are recognised in the categories;

(b) as standard vegetable seed,

(c) as standard propagating material for vines,

(d) as conformal propagating material of fruit genera and species;

(e) if authorised by the Institute as commercial seed, or

(f) as a mixture of seeds of agricultural species, vegetables or, where appropriate, plant species not listed in the second list.

(2) The propagating material referred to in paragraph 1 may be put into circulation provided that the requirements for its quality, the authenticity of the species and variety and other characteristics relevant to the use of propagating material (hereinafter referred to as "properties') laid down in the implementing legislation are met.

(3) Reproduction material of ornamental species, seeds of agricultural and vegetable species for ornamental purposes and propagating material of vine varieties and fruit genera and species not covered by Section 10, 23 or 24 may be put into circulation in accordance with Section 25.

(4) Species whose pre-stage propagating material, basic propagating material or certified propagating material may be put into circulation only with pickled or with a limit value for the presence of harmful organisms on the basis of which a pickling obligation is provided for shall be laid down in the implementing legislation.

(5) Pre-stage propagating material may also be produced from pre-stage propagating material for a specified number of generations. The implementing legislation sets out the number of generations for each plant species.

(6) Certified propagating material may also be produced from certified propagating material directly derived from recognised breeding material other than vine, pre-stage propagating material and basic propagating material for species covered by implementing legislation.

(7) A supplier who puts into circulation propagating material of fruit genera and species, hops and vine propagating material other than final consumers is required to provide proof of such propagating material, which must contain the following information on propagating material:

(a) the country of production,

(b) an indication of the official authority responsible for certification;

(c) the name and address of the person responsible for marking and packaging;

(d) the supplier's name and registration number;

(e) the name of the species,

(f) the name of the variety or clone, where appropriate; in the case of a minor, the name or designation of the variety;

(g) the category and degree of propagation;

(h) health class,

(i) the number of the certificate; for conformal propagating material, the lot number;

(j) quantity,

(k) the year of harvest;

(l) for imports from third countries, the country of origin;

(m) the indication "EC quality."

(8) The Ministry of Agriculture (hereinafter referred to as "the Ministry") sets out by decree the details of the putting into circulation of propagating material in accordance with paragraphs 2 and 4 to 7 and the number of generations for each plant species and the model of the document referred to in paragraph 7.

§ 3a

Placing in circulation seed of varieties not officially registered

(1) On the basis of the authorisation of the Institute, seed of a variety of agricultural species for which an application for the registration of a variety has been submitted or seed of a variety of vegetable species for which an application for the registration of a variety or for the entry of a variety in the list of varieties of another Member State has been submitted may be put into circulation. Authorisations shall be granted only for tests and evaluations on farms in order to obtain information on the cultivation and, where appropriate, the use of the variety.

(2) The application for authorisation to put into circulation seed of an officially unregistered variety shall be submitted by the Institute:

(a) a supplier established in the Czech Republic or his authorised representative for a variety of agricultural species for which an application for registration of a variety has been submitted;

(b) the person or his authorised representative who has submitted an application for the registration of a variety or for the registration of a variety in the list of varieties of another Member State in the case of a vegetable species.

(3) The application referred to in paragraph 2 shall contain:

(a) in the case of a natural person, the name, surname and, where applicable, the trading firm (4), the identification number, the place of residence or residence (4a) and the place of business of the supplier, if different from the place of residence or residence (4a), the legal entity, the company's identification number and the registered office and, where applicable, the location of the organisational component in the territory of the Czech Republic, including the assigned registration or registration number pursuant to § 16;

(b) the name of the species and the design of the variety name;

(c) a description of the variety;

(d) the planned tests and evaluations, including the designation of the State (s) where they will be carried out and evaluated;

(e) an indication of the maintenance of the variety.

(4) The seed put into circulation referred to in paragraph 1 shall comply with the characteristics of certified seed of the first or second generation. Requirements for the characteristics of certified seed of the first or second generation for each species shall be laid down in implementing legislation.

(5) The characteristics of the seed shall be verified by official examinations or tests under official supervision, for seed potatoes only by official tests. In the case of vegetable species, seed shall be subject to subsequent control of varietal identity and purity; a similar procedure shall be used for sampling.

(6) The seed packages must be packed and sealed in accordance with Section 19 and marked with an official label for agricultural species or a supplier label for vegetable species. The label shall be orange and shall contain the following particulars:

(a) an indication of the authority responsible for certification of seed, with the exception of vegetable species;

(b) the lot number,

(c) month and year of closure of seed packaging,

(d) the name of the species, the name of the variety or the proposal for the name of the variety;

(e) the designation "variety not officially registered,"

(f) the designation "for testing and evaluation only," with the exception of vegetable species;

(g) the designation "genetically modified variety," in the case of genetically modified varieties,

(h) for seed potatoes of size sorting;

(i) the weight of the package and, where appropriate, the quantity of pure seeds;

(j) when the packaging or granulated pesticides are used, the weight of the additives and the ratio between them and the pure seeds shall be indicated.

(7) The authorisation shall be valid for a maximum period of 1 year. The authorisation may be renewed for a period of 1 year at the request of the applicant, accompanied by the documents provided for in the implementing legislation.

(8) All authorisations will cease to be valid if the application for entry in the State Plant Variety Book for an agricultural species or the application for entry in the State Variety Book or similar list of another Member State for a vegetable species is withdrawn or rejected.

(9) The Institute shall notify the Commission and the competent authorities of the Member States of the receipt of an application, the granting, renewal or expiry of an authorisation or, where appropriate, the refusal.

(10) The Institute shall restrict or prohibit the use of the variety on the territory of the Czech Republic where:

(a) the insuitability of growing such variety from a plant health point of view shall be demonstrated;

(b) it is established that the variety is not suitable for cultivation in the territory concerned or does not produce the required results,

(c) there is a reasonable suspicion that the variety may endanger human health or the environment.

(11) The Ministry shall, by decree, lay down the requirements for the characteristics of the seed, the maximum weight of lots and seed samples, the procedure for determining the quantity which may be authorised for each variety and seed species, the model document for the submission of an application for authorisation or for the renewal of an authorisation, the type, manner and extent of the control of the seed circulation and the monitoring of maintenance.

§ 4

Recognition procedure

(1) The recognition procedure includes:

(a) the procedure for the recognition of propagation crops;

(b) proceedings for the recognition of propagating material.

(2) For the propagating material of hops, vines, fruit genera and species, the procedure for the recognition of propagating material and the procedure for the recognition of propagating material shall take place together, with the exception of seed of fruit genera and species. The recognition procedure under the first sentence is governed by § 24a.

(3) The following categories of propagating material shall be subject to the recognition procedure:

(a) breeding propagating material when put into circulation or used for the production of certified propagating material;

(b) pre-stage propagating material when put into circulation;

(c) basic propagating material;

(d) certified propagating material.

(4) The condition for the recognition of propagating material is that:

(a) variety

1. is registered;

2. whose registration has expired, but the period under Paragraph 37 (4) still runs,

3. be entered in the common catalogue of varieties or, in the case of fruit genera and species and vine varieties, also in at least one of the official lists of varieties of the Member States; or

4. is not registered and is not registered in the common catalogue of varieties but reproduced by the supplier only for foreign customers whose import has been authorised by the Institute pursuant to Paragraph 18 (4) and which is included in the list of varieties suitable for certification in international trade under the schemes of the Organisation for Economic Cooperation and Development and for which there is an official description,

(b) the propagation crop has been recognised in accordance with Article 5;

(c) the sample is taken in accordance with the technological procedure laid down by the Ministry by the Decree;

(d) official examinations or tests are carried out under official supervision to establish the characteristics of the seed referred to in Article 3 (3); Such tests shall be carried out in accordance with applicable international methods where such methods exist.

(5) The recognition procedure may also be carried out for a variety registered in accordance with Section 28 for which there is an official description of the variety.

(6) The recognition procedure shall be carried out by the Institute or by a person authorised by it on the basis of a request from the supplier for the recognition of the propagation crop and on the basis of an application for the recognition of propagating material to be submitted after the completion of the procedure for the recognition of the propagation crop.

(7) The supplier who produces propagating material subject to the recognition procedure referred to in paragraph 3 shall be obliged to:

(a) to submit an application for recognition of the propagation crop within the time limit laid down by the Ministry by decree;

(b) submit an application for recognition of propagating material.

(8) The Office or a person authorised by it shall issue a certificate in accordance with specific legislation3b on the recognition of seed and propagating material.

(9) Where the recognition procedure has established that the conditions for issuing the recognition certificate are not met, the Institute shall decide to reject the application. If the person responsible has found that the conditions have not been met, he shall forward to the Institute the documentation for further proceedings. If the Institute finds that the conditions for the issue of the recognition certificate have been met, the application shall be accepted. Otherwise, it shall decide to reject the application.

(10) The seed harvested in another Member State shall be officially certified on request if:

(a) comes directly from seed of categories of basic propagating material or certified propagating material officially recognised in another Member State or in other Member States or in a third country which has been granted equivalence for seed for that species, or with the exception of beet, from the crossing of seed of a category of basic propagating material officially certified in one Member State with seed of a category of basic propagating material officially certified in a third country which has been granted equivalence for seed for that species;

(b) inspections have been carried out of propagation crops complying with the requirements for the category in question laid down by the Ministry by decree;

(c) official examinations have verified that it complies with the seed characteristics requirements for the category in question laid down by the Ministry by decree.

(11) The seed coming directly from seed of a category of pre-stage propagating material may be recognised by the Institute as basic propagating material in accordance with paragraph 10 if the requirements laid down by this Act for basic propagating material are fulfilled.

(12) The seed to be recognised under paragraph 10 shall comply with the labelling and packaging requirements laid down in Paragraph 19.

(13) The seed harvested in a third country shall be officially certified on request if:

(a) comes directly from seed of categories of basic propagating material or certified propagating material officially recognised in another Member State or in other Member States or in a third country which has been granted equivalence for seed for that species, or with the exception of beet, from the crossing of seed of a category of basic propagating material officially certified in one Member State with seed of a category of basic propagating material officially certified in a third country which has been granted equivalence for seed for that species;

(b) shows of propagation crops complying with the equivalence requirements for seed shows for the species concerned have been carried out;

(c) official examinations have revealed that it complies with the seed characteristics requirements for the category in question laid down by the Ministry by decree.

(14) The categories and generations of seed for each species which may be recognised under paragraphs 10 and 13 are laid down by the Ministry by decree.

(15) The Ministry shall, by decree, establish the technological procedure and method of sampling, the procedure for checking the accompanying documents of the lot of propagating material and the mandatory instructions for re-sealing and labelling of packaging after the check has been carried out.

§ 5

Recognition of crops

(1) An application for recognition of the propagation crop shall be submitted by the supplier of the Institute. The application shall contain:

(a) in the case of a natural person, the name, surname and, where applicable, the trading firm (4), identification number, place of residence or residence (4a), and place of business of the supplier, if different from the place of residence or residence (4a); in the case of a legal person, the business firm, the identification number and the registered office or, where applicable, the location of the organisational component in the Czech Republic, including the assigned registration or registration number pursuant to § 16;

(b) the name of the species and the variety of propagating material;

(c) the category of propagating material and the generation to be produced;

(d) the name, surname and, where applicable, business name, place of residence or residence (4a), place of business, different from the place of residence or residence (4a), and the identification number of the person who has concluded a written contract with the supplier for the production of propagating material, if any, if it is a natural person or a commercial firm, the identification number and registered office or, where appropriate, the location of the organisational component in the Czech Republic, if it is a legal person;

(e) the area of the propagation crop and its location in the relevant cadastral territory;

(f) the origin and quantity of seed or seed used to establish the crop;

(g) the sequence of pre-crops on land in previous years in accordance with the requirements laid down in the implementing legislation;

(h) the consent of the holder of the breeding right, if the variety is protected under special legislation (2) or under the directly applicable regulation of the European Communities (4b);

(i) the documents necessary to verify the origin of the propagating material provided for in the implementing legislation;

(j) the designation of the authorised person in the event that the person carries out the certification procedure for the crop;

(k) the number of the propagation crop provided for in the implementing legislation.

(2) The supplier requesting the recognition of the propagation crop is required, according to the instructions of the Institute, to clearly indicate the parcel by the number of the propagation crop. At the request of the Institute or the authorised person, the supplier shall provide proof of the sequence of pre-crops.

(3) The Institute shall stop the procedure for the recognition of the crop where the conditions laid down in paragraphs 1 and 2 are not fulfilled, even within the time limit specified in the call for supplementary application.

(4) The Institute or the authorised person shall carry out an inspection of the propagation crop and shall record the result thereof and send it to the supplier who made the request for recognition of the propagation crop.

(5) The Institute or the authorised person shall issue a certificate of recognition where:

(a) the characteristics of the crop and the results of the official tests comply with the requirements laid down in the implementing legislation;

(b) the propagation crop complies with the condition of a minimum distance from that of the same or related species which could otherwise endanger the propagation crop by dusting, transmission of diseases,

(c) the propagation crop complies with the requirements laid down in the implementing legislation for pre-crops of specified species in previous years.

(6) The propagation crop shall not be recognised if the conditions laid down in paragraph 5 are not met or if harmful organisms are present which are prohibited from being introduced and spread within the territory of the European Community5).

(7) The recognition certificate for the recognition of crops contains:

(a) the name of the species and the variety,

(b) an indication of the size of the crop;

(c) the result of the crop inspection and, where appropriate, other official tests prescribed;

(d) the category of propagating material and generation;

(e) the supplier's designation referred to in paragraph 1 (a);

(f) the name of the person who has concluded a written contract with the supplier for the production of propagating material referred to in paragraph 1 (d);

(g) the date of issue and the number of the recognition certificate;

(h) the signature of the person who issued the certificate.

(8) In addition to the particulars referred to in paragraph 7, the crop recognition certificate issued by the authorised person shall also include an indication of the authorisation to issue that recognition certificate.

(9) By decree, the Ministry shall establish a model of the application for recognition of the propagation crop, a list of the documents needed to verify the propagating material and the number of the propagation crop referred to in paragraph 1, the requirements for pre-crops of specified species in the previous years referred to in paragraph 5 and a model of the recognition certificate referred to in paragraphs 7 and 8.

§ 6

Recognition of propagating material

(1) An application for the recognition of propagating material shall be submitted by the supplier of the Institute. The application shall contain, in addition to the information referred to in points (a) to (c) of Article 5 (1).

Citation	Full text of Act No. 316 / 2006 Coll., Act No. 219 / 2003 Coll., on the circulation of seeds and propagating plants and on the amendment of certain laws (Act on the circulation of seeds and seed), as resulting from subsequent amendments
Regulation Type	Declared full text
Author	-
Collection	Code of Laws

Date of Promulgation	27.06.2006
Effective from	-
Effective until	-
Status	Valid

Full text of Act No. 316 / 2006 Coll.

Full text of Act No. 219 / 2003 Coll., on the circulation of seeds and propagating plants and on the amendment of certain laws (Act on the circulation of seeds and seed), as resulting from subsequent amendments

Contents

ČÁST PRVNÍ

HLAVA PRVNÍ

§ 1

§ 2

HLAVA DRUHÁ

§ 3

§ 3a

§ 4

§ 5

§ 6

Contents

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