Act No 322 / 2004 Coll.
Act amending Act No. 97 / 1996 Coll., on the Protection of Hops, as amended
Valid
Law
Effective from 28.05.2004
Text versions:
28.05.2004
322
THE LAW
of 29 April 2004
amending Act No. 97 / 1996 Coll., on the Protection of Hops, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 97 / 1996 Coll., on the protection of hops, as amended by Act No. 68 / 2000 Coll. and Act No. 258 / 2000 Coll., is amended as follows:
1. Articles 1 to 10, including the headings and footnotes 1) to 21) read:
Preliminary provisions
(1) The labelling and verification of hops (hereinafter referred to as certification), checks on the processing, mixing, treatment and putting into circulation of products subject to the common market organisation for hops shall be governed by immediately binding provisions of the European Community1 (hereinafter referred to as European Community rules).
(2) This law lays down the areas of hops and hop positions and regulates the performance of the state administration, including the State's supervision of compliance with the obligations laid down by the European Communities, (1) declared by international treaties for which Parliament has given its assent to the ratification of which the Czech Republic is bound and by this law and the imposition of fines for infringements of the obligations laid down.
Basic concepts
(1) The basic terms are defined in the provisions of the European Communities. 1)
(2) For the purposes of this Act:
(a) by the certification centre of the Central Control and Examination Institute of Agricultural m2 (hereinafter referred to as the "Institute"), a designated undertaking or other establishment allowing qualified certification of hops;
(b) hop land planted with hop plants and fitted with a hop structure, the area of which, in accordance with the Regulation with immediate effects (2a), lays down implementing legislation;
(c) the producer of the person who grows hops on the hops.
Hop regions and hop positions
(1) hop areas are areas suitable for the production of hops; Chmelar areas are Žatecko, Úštěcko and Tršicko.
(2) The hop regions may be divided into hop areas which are parts of hop areas. The Chmelar positions are on Žateck Podlesí and the Valley of the Golden Brook and on Úštěch Polepská Blata.
(3) The implementing legislation specifies by which cadastral territories (3) individual hop areas and hop positions are defined.
Registration of hops
(1) Chmelnice is subject to the register kept by the Institute.
(2) The producer who has newly established the hops must apply to the Institute, no later than 30 April of the calendar year, for the inclusion of the hops in the register. The application shall include a copy of the cadastral map (3) indicating the area of the hops and indicating the variety of hops. The details of the application shall be laid down in the implementing act.
(3) The Institute will decide on the allocation of the registration number of the newly established hop plant. The producer shall indicate the number of the hops by means of this registration number in a visible manner and shall keep it in the register throughout the period of inclusion.
(4) The transfer of hops to another producer shall be decided by the Institute on request.
(5) The cancellation or transfer of hops or changes to the data provided for in the implementing legislation shall be required by the producer to notify the Institute in writing within 1 month of the amendment.
Certification
(1) Certification shall declare the quality and origin of hops; the certification includes the labelling of hops by producers and the verification of the quality and origin of hops by the Institute.
(2) The producer must mark each container with hop labels and close each container with hops seals. Labels and seals shall be issued by the Institute on request; the seals shall be issued by the Institute for payment.
(3) On completion of the harvest and labelling of all hops packaging, the producer shall be required to produce proof of the number and weight of the labelled packaging according to the cadastral territories and varieties of hops. It shall transmit the document with the unused label to the Institute without undue delay but not later than 30 November of the relevant calendar year.
(4) The particulars of the document referred to in paragraph 3, labelling and seal shall be laid down in the implementing legislation.
(5) The verification shall be initiated by the Institute following a request for the verification of hops.
(6) The Institute shall verify only the producer-designated hops coming from hop areas which comply with the requirements laid down in the provisions of the European Communities, 4) and hop products produced from certified hops or certified hop products.
(7) If the Institute finds that the conditions for the issue of the certificate have been met, it shall accept the application and issue the certificate, otherwise, if the conditions have not been met, it shall decide to reject the application.
Tasks of the Institute
Institute
(a) ensure that checks are carried out on compliance with the obligations laid down by this law and the provisions of the European Communities, 1)
(b) keep a register of hops in accordance with Article 4;
(c) impose fines;
(d) carry out checks on hops;
(e) publish annually in the Bulletin of the Central Audit and Examination Institute the list of verification centres by 30 June;
(f) keep records of the labels issued, used and returned and the quantities of hops marked by producer, cadastral territory and varieties of hops.
Ministry of Agriculture
Ministry of Agriculture ("Ministry ')
(a) decide on the recognition of hop producer groups, 5)
(b) supervise compliance with the certification procedure;
(c) records contracts for the supply of hops and information relating to hops in accordance with European Community rules. 6)
Fines
(1) A legal person commits an infringement by violating the provisions of the European Communities or by that law
(a) put the product into circulation or exported without a certificate of origin, 7)
(b) put into circulation without certification a product that has been re-packaged after certification, 8)
(c) use other than that provided for in the Regulation for the manufacture of hop products, 9)
(d) blends the products in circulation;
(e) mixed hops, 11)
(f) sells the product without being accompanied by the required invoice or commercial documents, 12)
(g) the declaration shall not be transmitted, properly transmitted, wholly or not transmitted in time, 13)
(h) not to submit, report correctly or to report in time, 14)
(i) do not indicate or indicate in time or indicate completely on the package, 15)
(j) exceeds the prescribed weight of the package, 16)
(k) sell or distribute the consignment on free sale without the product being accompanied by a prescribed invoice or commercial document issued by the seller, 17)
(l) put the consignment into circulation, 18)
(m) fails to fulfil the obligation referred to in Article 5 (2) or (3); or
(n) not to notify the Institute of Termination or the emergence of new facts in the management of hops pursuant to Article 4 (5).
(2) A fine shall be imposed on a legal person for an infringement
(a) up to 100 000 CZK if the infringement referred to in paragraph 1 (m) or (n) is committed;
(b) up to 200 000 CZK if the infringement referred to in paragraph 1 (b), (g), (h), (i) or (j) is committed;
(c) up to 300 000 CZK if the infringement referred to in paragraph 1 (c), (d), (f), (k) or (l) is committed;
(d) up to 500 000 CZK if it is an infringement referred to in paragraph 1 (a) or (e).
(3) In determining the amount of the fine to a legal person, 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.
(4) The liability of a legal person for an infringement shall cease if it has elapsed 1 year from the date of the initiation of the proceedings, but not later than 3 years from the date on which it was committed.
(5) The Institute is discussing the infringement of legal persons under this Act at first instance.
(6) The infringement committed by a natural person who is an entrepreneur, 19) in a business activity or in direct connection with a business activity shall be assessed in accordance with the provisions of the Liability and Punishment Act.
(7) The fines are imposed and collected by the Institute and enforced by the Territorial Financial Authority. 20)
(8) The collection and enforcement of the fines imposed shall be subject to specific legislation. 21)
(9) The proceeds of fines are the income of the state budget of the Czech Republic.
Authorisation provisions
The Ministry shall determine by decree:
(a) conditions for the recognition of verification centres;
(b) cadastral territories defining hop areas and hop positions;
(c) details of the keeping of the register of hops and the method for determining the area of the hops;
(d) the form and content of the forms for certification and registration of hops;
(e) the type, size and description of the seals and marking labels and their organisation and use for certification purposes.
Relationship with the Administrative Rules
The Administrative Rules shall not apply:
(a) decisions on certification, except for the issue of a negative decision on the verification of hops; and
(b) in the register of hops, with the exception of the register of new hops and the transfer of hops to another producer.
1) Council Regulation (EEC) No 1784 / 77 of 19 July 1977 on the certification of hops. COMMISSION REGULATION (EEC) No 890 / 78 of 28 April 1978 laying down detailed rules for the certification of hops. Commission Regulation (EEC) No 3076 / 78 of 21 December 1978 on the import of hops from third countries. COMMISSION REGULATION (EEC) No 3077 / 78 of 21 December 1978 on the equivalence of certificates for hops imported from third countries with Community certificates. COUNCIL REGULATION (EEC) No 1696 / 71 of 26 July 1971 on the common market in hops. COUNCIL REGULATION (EEC) No 1098 / 98 of 25 May 1998 introducing temporary special measures in the hops sector. COMMISSION REGULATION (EC) No 609 / 99 of 19 March 1999 granting aid to hop producers. COMMISSION REGULATION (EEC) No 1351 / 72 of 28 June 1972 on the recognition of producer groups in the hops sector. Commission Regulation (EEC) No 776 / 73 of 20 March 1973 on the registration of contracts and the communication of data in the hops sector.
2) 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), as amended.
(2a) Commission Regulation (EC) No 609 / 99.
3) Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended.
4) Council Regulation (EEC) No 1696 / 71. Council Regulation (EEC) No 1784 / 77. Commission Regulation (EEC) No 890 / 78.
5) Council Regulation (EEC) No 1696 / 71. Commission Regulation (EEC) No 1351 / 72.
6) Article 6 Council Regulation (EEC) No 1696 / 71. Commission Regulation (EEC) No 776 / 73.
7) Article 3 (1) of Council Regulation (EEC) No 1696 / 71.
8) Article 1 (5) of Council Regulation (EEC) No 1784 / 77.
9) Article 7 of Council Regulation (EEC) No 1784 / 77.
10) Article 8 (1) of Council Regulation (EEC) No 1784 / 77.
11) Article 8 of Council Regulation (EEC) No 1784 / 77.
12) Article 9a of Commission Regulation (EEC) No 890 / 78.
13) Article 10 (a) of Commission Regulation (EEC) No 890 / 78.
14) Article 10 (b), first sentence, of Commission Regulation (EEC) No 890 / 78.
15) Article 10 (b), second sentence, Article 10 (c), Article 10 (d) of Commission Regulation (EEC) No 890 / 78.
16) Article 10 (d) of Commission Regulation (EEC) No 890 / 78.
17) Article 7 of Commission Regulation (EEC) No 3076 / 78.
18) Article 7a of Commission Regulation (EEC) No 3076 / 78.
19) Article 2 (2) of the Commercial Code.
20) Act No. 531 / 1990 Coll., on Territorial Financial Authorities, as amended.
21) Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended. '
2. paragraphs 11 to 14 are deleted;
Transitional provision
hop trees registered under existing legislation shall be considered as hops registered under this law.
Efficacy
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. 322 / 2004 Coll., amending Act No. 97 / 1996 Coll., on the Protection of Hops, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.05.2004 |
|---|---|
| Effective from | 28.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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