Act No. 317 / 2004 Coll.
Act amending Act No. 156 / 1998 Coll., on Fertilisers, Soil Auxiliary Substances, Auxiliary Plant Products and Substance, and on Agrochemical Testing of Agricultural Soils (Fertiliser Act), as amended, Act No. 185 / 2001 Coll., on Waste and on Amendments to Certain Other Laws, as amended, Act No. 147 / 2002 Coll., on Agricultural Control and Testing Institute and on Amendments to Certain Other Laws (Act No. 185 / 2001 Coll.), as amended, and Act No. 252 / 1997 Coll., on Agriculture, as amended
Valid
Law
Effective from 27.05.2004
Text versions:
01.01.2021
27.05.2004
317
THE LAW
of 29 April 2004
amending Act No 156 / 1998 Coll., on fertilisers, soil improvers, auxiliary plant products and substrates and on agrochemical testing of agricultural soils (Fertiliser Act), as amended, Act No 185 / 2001 Coll., on waste and amending certain other acts, as amended, Act No 147 / 2002 Coll., on the Central Audit and Testing Institute of Agriculture and amending certain other acts (Act on the Central Audit and Testing Institute of Agriculture), as amended, and Act No 252 / 1997 Coll., on agriculture, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Fertiliser Act
Act No. 156 / 1998 Coll., on Fertilisers, Soil Auxiliary Substances, Auxiliary Plant Products and Substance and on Agrochemical Testing of Agricultural Soils (Fertilisers Act), as amended by Act No. 308 / 2000 Coll. and Act No. 147 / 2002 Coll., is amended as follows:
1. in Paragraph 1 (1), including footnotes (1) and (1a):
"(1) That law lays down, in accordance with the law of the European Communities, conditions for the circulation, storage and use of fertilisers, manure, soil improvers, soil aid products and substrates, conditions for agrochemical testing of agricultural soils, conditions for the detection of soil properties of forest parcels and certain conditions for the use of treated sludge, 1a), as well as the competence of professional supervision bodies to comply with the obligations laid down by that law, including the right to impose penalties. This law also applies to fertilisers, soil improvers, plant aids and substrates intended for use as raw materials for further processing.
1) Regulation (EC) No 2003 / 2003 of the European Parliament and of the Council of 13 October 2003 on fertilisers. Council Directive 86 / 278 / EEC of 12 June 1986 on the protection of the environment and, in particular, of land in the use of sewage sludge in agriculture. Council Directive 91 / 692 / EEC of 23 December 1991 standardizing and rationalising reports on the implementation of certain Directives relating to the environment. Council Directive 91 / 676 / EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources.
(1a) Paragraph 32 of Act No. 185 / 2001 Coll., on Waste and on the amendment of certain related laws. '
Footnote 1) shall be renumbered footnote 1 (b), including the reference to that footnote.
2. In Paragraph 1 (2), at the end of point (b), the comma is replaced by a dot and point (c) is deleted.
3. Paragraph 1 (3) reads as follows:
"(3) The provisions of this Act shall apply to manure and treated sludge only if it is expressly stated and to the extent set out therein. The provisions of Sections 7, 8, 12, 13, 14 (4) and (5), 14a, 14b (2) (a) and (b), 14c and 15 shall apply to fertilisers, soil improvers, aids and substrates intended for use as raw materials for further processing. '
4. In Article 2 (b), the words "and other animal by-products' shall be inserted after the words" origin '.
5. in Article 2 (f):
"(f) by putting into circulation the offering of fertilisers, manure, soil improvers, auxiliary plant products and substrates for sale or other means of transfer, their sale or other means of transfer and storage for sale or other means of transfer,"
(6) footnote 2 shall be deleted, including the references to this footnote.
7. In Article 4 (1), the word "residence 'is replaced by" residence' and the words "(the applicant) 'are replaced by the words" unless otherwise provided for in the international agreement to which the Czech Republic is bound'.
8. in Paragraph 4 (2) (a), "residence" is replaced by "residence."
9. in Paragraph 8, the following paragraph 3 is inserted after paragraph 2:
"(3) Farmers on agricultural land are obliged to comply with specific legislation when storing fertilisers in vulnerable areas (12). 12a)
12) § 33 of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act).
12a) Government Decree No. 103 / 2003 Coll., on the determination of vulnerable areas and on the use and storage of fertilisers and manure, crop rotation and the implementation of anti-erosion measures in these areas. '
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
(10) In Paragraph 8 (4), the sentence "In vulnerable areas (12) must be inserted after the first sentence. 12a) '.
11. in Article 9, the word "a" shall be replaced by a comma and the words "and treated sludge" shall be added at the end.
12. in Article 9 (1) and (2), including footnote (12b):
"(1) Farmers and forest owners of such land shall be obliged to use fertilisers, manure and aids in accordance with this Act. Modified sludges may only be used by farm farmers in accordance with this law and specific legislation. 12b) Static fertilisers and treated sludges shall not be introduced into the soil, when used, at risk elements or substances likely to interfere with the development of cultural plants or endanger the food chain.
(2) Fertilisers, manure and excipients must not be used on agricultural land and forest land where:
(a) the manner in which they are used does not allow for uniform coverage of the land;
(b) their use may result in damage to agricultural land, forest land or land adjacent to that land, or in its wider vicinity, as appropriate;
(c) the soil on which it is to be applied is oversaturated with water, covered with a layer of snow of more than 5 cm or frozen to a depth of more than 8 cm.
12b) § 33 paragraphs 1 and 3 of Act No. 185 / 2001 Coll., on Waste and on the amendment of certain other laws. Decree No. 382 / 2001 Coll., on the conditions of use of treated sludge on agricultural land. '
13. In Article 9, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) Paragraph 2 shall apply mutatis mutandis to the use of treated sludge on agricultural land.
(4) Farmers on agricultural land in vulnerable areas (12) are obliged to use fertilisers and manure in accordance with specific legislation. 12a) '.
Paragraphs 3 to 5 shall be renumbered paragraphs 5 to 7.
14. in Article 9 (5), the words "including manure" shall be replaced by the words "manure," and, at the end of the paragraph, the sentence "Farmers on agricultural land are required to keep records of the treated sludge used on agricultural land."
15. in Article 9 (6), the first sentence is replaced by the following: "The records referred to in paragraph 5 shall be kept for a quantity, type and time of application of fertilisers, manure, aids and treated sludge by land, crops and years and shall be kept for at least 7 years."
16. in Article 9 (7), the words "and the method of keeping records of their use" shall be replaced by the words "the method of keeping records of the use of fertilisers, manure, aids and treated sludge."
17. in Paragraph 10 (1), the second sentence is replaced by the following: "Where there is a risk of damage to soil fertility, it also includes microbiological and physical analyses. In agreement with the Ministry of Health, the Ministry of Health sets out risk elements, risk substances and microbiological and physical parameters observed by the Institute in the agrochemical testing of agricultural soils, the scope and method of monitoring of undesirable substances in the food chain. '
18. In the first sentence of Paragraph 10 (2), the words "microbiological and physical 'shall be inserted after the words" chemical'.
19. in Paragraph 10 (2) (a), "residence" is replaced by "residence."
20. In Paragraph 10, the sentence "For the purposes of ongoing examination of these facts, a person authorised to carry out chemical analyses of soil samples shall be required to participate in inter-laboratory comparative tests organised by the Institute. 13a) '.
Footnote 13a) reads as follows:
"13a) § 3 (1) (c) of Act No. 147 / 2002 Coll., on the Central Audit and Examination Institute of Agriculture and amending certain related laws (Act on the Central Audit and Examination Institute of Agriculture)."
21. in Article 10 (8), the words "and for carrying out chemical analyses of agricultural soils" shall be replaced by the words "for carrying out chemical, microbiological and physical analyses of agricultural soils and for evaluating the results of such analyses."
22. In Paragraph 11, the sentence "Evaluation of the results of chemical analyses shall be added at the end of paragraph 4 and shall be transmitted by the Institute to the Ministry; data on the content of the risk elements and the risk substances shall also be transmitted by the Ministry of the Environment. At the request of the owner of forest land, their tenant or lodger, the Institute shall transmit the results of the chemical analyses relating to forest land owned, leased or leased; the transmission of results shall be subject to an administrative fee under a special legislature.6) ';
23. In Article 12 (1), the first sentence is replaced by the following: "The Institute shall carry out expert surveillance on the testing of fertilisers, the putting into circulation of fertilisers and manure, their storage and use, and the use of treated sludge."
24. in Article 12 (2) (a), the words "and manure are stored or" shall be inserted after the words "fertilisers."
25. In Paragraph 12, the dot is replaced by a comma at the end of paragraph 2 and the following point (c) is added:
"(c) agricultural entrepreneurs operating on agricultural land using treated sludge."
26. in Article 12 (3), including footnotes 16) and 16 (a):
"(3) Staff working at the Institute in charge of professional supervision shall be entitled to enter the premises, facilities, premises and land where fertilisers and manure are produced, stored, put into circulation or used, and land where treated sludge is used, after being declared. They may enter buildings relevant to State defence under the conditions laid down in a specific legislation. 16a) They shall be entitled to require from the persons referred to in paragraph 2 the necessary documents, information and the necessary synergies for the uninterrupted and rapid exercise of supervision as well as for the taking of reference samples.
16) § 7 (3) of Act No. 513 / 1991 Coll. § 17 of Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended by Act No. 237 / 1995 Coll., Act No. 286 / 1995 Coll. and Act No. 356 / 1999 Coll.
16a) Act No. 222 / 1999 Coll., on securing the defence of the Czech Republic, as amended by Act No. 320 / 2002 Coll. '.
27. In Article 12, the following paragraph 5 is added:
"(5) The Institute also monitors whether agricultural farmers in vulnerable areas (12) comply with the conditions for the storage and use of fertilisers and manure laid down by specific legislation; (12a) the provisions of paragraph 1, second sentence, and paragraph 3 shall apply mutatis mutandis."
28. In Article 12, paragraph 6 is added:
"(6) The Institute shall also ensure that the persons referred to in paragraph 2 comply with the obligations laid down in the legislation of the European Communities with immediate effect. '.
29. in Paragraph 13 (1):
"(1) The Institute shall impose on producers, importers, suppliers, 1b) on agricultural undertakings or forest land owners of such land which produce, store or use fertilisers and manure, or agricultural farmers who use treated sludge, specific measures, in particular:
(a) prohibit the use of fertiliser, manure or treated sludge if it does not comply with the conditions laid down by this law;
(b) order the removal of detected defects in the storage of fertiliser or manure. ';
30. Paragraph 14, including the title, reads:
"Transfers and other administrative offences
(1) The owner of the agricultural land shall be guilty of an offence by not allowing soil sampling for agri-chemical testing of agricultural soils in accordance with Article 10 (5).
(2) The owner of the forest land, its tenant or the lodger is guilty of an offence by failing to comply with the practices relating to the determination of the soil properties of forest land pursuant to Article 11 (3).
(3) The owner of forest land operating on such land commits an offence by:
(a) does not keep a permanent and proper record of fertilisers, manure and aids used on agricultural land or forest land pursuant to the first sentence of Article 9 (5) and Article 9 (6);
(b) infringes the provisions on the storage or use of fertilisers, manure and excipients referred to in Article 8.
(4) The owner of forest land shall commit an offence by failing to comply with the special measures imposed by the Institute within the time limit laid down in Article 13 to remedy the deficiencies identified.
(5) The offence referred to in paragraphs 1, 2 and 3 (a) may be fined up to CZK 50 000, the offence referred to in paragraph 3 (b) may be imposed up to CZK 100 000 and the offence referred to in paragraph 4 may be fined up to CZK 500 000. "
31. the following Articles 14a to 14c are inserted after Article 14, including footnotes 17 to 18a:
A fine for another administrative offence of the amount referred to in Paragraph 14 (5) may be imposed:
(a) a legal person who has committed any of the infringements referred to in paragraphs 1 to 4 of Article 14;
(b) an agricultural entrepreneur who has committed any of the infringements referred to in paragraphs 1, 3 and 4 of Article 14;
(c) manufacturers, importers or suppliers, 1b) if they have committed the infringement referred to in Paragraph 14 (4).
(1) A fine may be imposed on an agricultural farmer for another administrative offence up to the amount of:
(a) 50 000 CZK if it does not keep a permanent and proper record of treated sludge used on agricultural land pursuant to § 9 (5) and (6),
(b) 100 000 CZK if it infringes the provisions on the use of treated sludge on agricultural land pursuant to § 9 (1), (2) and (3),
(c) 500 000 CZK if it fails to comply with another obligation laid down by the law of the European Communities with immediate effect.
(2) Manufacturers, importers or suppliers (1b) may be fined for another administrative offence up to the amount of:
(a) 100 000 CZK if it does not store fertilisers and aids in accordance with Section 8,
(b) 500 000 CZK if they do not comply with the conditions of labelling and packaging of fertiliser or other obligations laid down in Section 7,
(c) 5 000 000 CZK if he has put into circulation a fertiliser or an excipient which has not been registered, as provided for in Articles 3 (1) (a) and 3 (3) (3).
(1) Specific legislation shall apply to offences and their conduct under Paragraph 14. 17)
(2) In determining the amount of the fine to a legal person or to a natural person who is an entrepreneur, account shall be taken of the gravity of the infringement, in particular the manner in which it was committed and the consequences thereof and the circumstances in which it was committed.
(3) The infringement of a legal person or a natural person who is an entrepreneur shall be dealt with in accordance with the administrative rules.
(4) The infringement of a legal person or a natural person who is an entrepreneur may not be negotiated if three years have elapsed since its commission.
(5) The transfers and other administrative offences at first instance are dealt with and the fines imposed are collected by the Institute.
(6) The income from fines is the income of the state budget of the Czech Republic. Fines are enforced by the Territorial Financial Authority (18) under specific legislation. 18a)
17) Act No. 200 / 1990 Coll., on Infringements, as amended.
18) Act No. 531 / 1990 Coll., on Territorial Financial Authorities, as amended.
18a) Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended. '
32. In Section 16, in the introductory part of the text, "§ 8 (4), § 9 (5) 'is replaced by" § 8 (5), § 9 (7)'.
33.In Article 16 (c) and (d):
"(c) details of the storage of fertilisers and manure, the use of fertilisers, manure and aids on agricultural land and forest land, the keeping of records of the use of fertilisers, manure, aids and treated sludge;
(d) the risk elements, the risk substances and the microbiological and physical parameters monitored by the Institute in the agrochemical testing of agricultural soils, the extent and method of monitoring them, the sampling procedures, the carrying out of chemical, microbiological and physical analyses of agricultural soils and the evaluation of the results of such analyses; ';
Transitional provision
The administrative delicacies procedure initiated by the Institute before the date of entry into force of this Act shall be completed in accordance with existing legislation.
Authorisation provisions
The Prime Minister is hereby authorised to declare in the Collection of Laws the full text of Act No. 156 / 1998 Coll., on Fertilisers, Soil Auxiliary Substances, Auxiliary Plant Products and Subsubstrates and on the agrochemical testing of agricultural soils (Fertilisers Act), as is apparent from later Laws.
Amendment of the Act on the Central Audit and Examination Institute of the Agricultural
Act No. 147 / 2002 Coll., on the Central Audit and Examination Institute of Agriculture and on the amendment of certain other laws (Act on the Central Audit and Examination Institute of Agriculture), as amended by Act No. 309 / 2002 Coll. and Act No. 21 / 2004 Coll., is amended as follows:
1. In Article 2 (1) (f), the dot at the end of the sentence is replaced by a comma and the following point (g) is added:
"(g) the classification of carcasses."
2. In footnote 4, the words "Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related acts, as amended, shall be added. ';
3. In Article 2, the following paragraph 3 is added:
"(3) In addition, the Institute shall carry out the tasks arising for it from the immediately binding legislation of the European Communities, in particular the supervision of the performance of the obligations arising for natural and legal persons under those immediately binding legislation of the European Communities. ';
4. In Article 3 (4), the words ", certification centres (hop grades) 'shall be inserted after the words" testing stations'.
5. In Article 7, paragraphs 6 and 7 are added:
"(6) If the Institute finds that the infringement is being checked, it shall impose a penalty provided for under specific legislation. 4) Where the infringement has been rectified in accordance with the measure imposed or immediately after the infringement has been found, the Institute may waive the imposition of a fine.
(7) The Institute may impose a penalty of up to CZK 1 000 000 000 in breach of the legislation of the European Communities. "
Authorisation provisions
The Prime Minister is hereby authorised to publish in the Collection of Laws the full text of Act No. 147 / 2002 Coll., on the Central Audit and Examination Institute of Agriculture and on the amendment of certain other Laws (Act on the Central Audit and Examination Institute of Agriculture), as is apparent from later Laws.
Amendment to the Agriculture Act
In Article 2c of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 62 / 2000 Coll., Act No. 307 / 2000 Coll., Act No. 128 / 2003 Coll. and Act No. 85 / 2004 Coll., paragraph 7 is added, including footnote 4 (v):
"(7) The rights and obligations arising under the international contract (4v) shall be transferred from the Ministry of Agriculture to the Fund at the date of entry into force of this Act, unless the transfer has already taken place under the contract.
4v) Communication from the Ministry of Foreign Affairs No. 4 / 2002 Coll. on the negotiation of the Multiannual Financial Agreement between the Czech Republic and the Commission of the European Communities on behalf of the European Community. "
EFFECTIVE
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
Spindles v. r.
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Regulation Information
| Citation | Act No. 317 / 2004 Coll., amending Act No. 156 / 1998 Coll., on fertilisers, soil improvers, auxiliary plant products and substrates, and on agrochemical testing of agricultural soils (Fertiliser Act), as amended, Act No. 185 / 2001 Coll., on waste and on the modification of certain other laws, as amended, Act No. 147 / 2002 Coll., on the Central Audit and Testing Institute of Agricultural and on the amendment of certain other laws (Act on the Central Audit and Testing Institute of Agricultural), as amended, and Act No. 252 / 1997 Coll., on Agriculture, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.05.2004 |
|---|---|
| Effective from | 27.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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