Act No. 331 / 2010 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 30.09.2012
331
THE LAW
of 27 October 2010
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 seeds 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., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll. is amended as follows:
1. In Paragraph 1 (1), the words "listed in Annex 1 to this Act 'are deleted.
2. In Paragraph 1 (2), the first sentence is deleted and in the second sentence, the words "Furthermore, this law 'are replaced by the words" This law shall be'.
3. The following is added at the end of footnote 1:
"Council Directive 2008 / 90 / EC of 29 September 2008 on the marketing of fruit plant propagating material and fruit plants intended for fruit production.
Commission Directive 2009 / 145 / EC of 26 November 2009 providing for certain derogations for the authorisation of marginal vegetable varieties and vegetable varieties which are traditionally grown in certain areas and areas and which are threatened by genetic erosion and vegetable varieties which themselves do not have value for the commercial cultivation of vegetables but are developed for cultivation under specific conditions and for the marketing of seed of those varieties. ';
4. in Article 2 (1) (q):
"(q) basic propagating material propagating material which is used for the production of certified propagating material and is produced by or under the supervision of the keeper directly from breeding material or pre-stage propagating material;"
5. in Article 2 (1) (u), the word "variety" shall be deleted and the words "not subject to recognition procedure" shall be replaced by the words "is genuine and pure and is intended for the production of propagating material and propagating material."
6. in Article 2 (1) (y), the words "or which" shall be replaced by the words "reproduce or."
7. in Article 2 (1) (z), the words "single plants" shall be inserted after the words "varieties."
8. In Article 2 (2), at the end of the text in point (a), the words "in the case of hop, vine, fruit genera and species and ornamental species, the same composition and origin," shall be added.
9. In Paragraph 3 (4), the number "10," is deleted.
10. In Article 3, the following paragraph 7 is inserted after paragraph 6:
"(7) The basic propagating material of agricultural species, hops and fruit genera and species may be produced from pre-basic propagating material or basic propagating material for a specified number of generations. ';
Paragraphs 7 to 10 shall be renumbered paragraphs 8 to 11.
11. in Article 3 (9), the words "for vine propagating material or a Member State code for fruit plant propagating material and species" shall be added at the end of the text in point (a).
12. In Article 3, at the end of paragraph 9, the dot is replaced by a comma and the following point (n) is added:
"(n) the type of material for vine propagating material.";
13. in Paragraph 3 (11) (d), "8" is replaced by "9."
14. In Article 3, at the end of paragraph 11, the dot is replaced by a comma and the following point (e) is added:
"(e) species list."
15. in Article 3b (3) (b):
"(b) in the case of agricultural species, it meets the requirements for the characteristics of seed in the category of certified propagating material, in the case of vegetable species it meets the requirements for the characteristics of seed in the category of certified propagating material or standard seed,"
16. In the first sentence of Paragraph 3b (4), the words "also for agricultural species' shall be inserted after the words" a '.
17. in the third sentence of Article 3b (5), "containing" is replaced by "containing."
18. in Paragraph 3b (5) (f):
"(f) in the case of agricultural species, the indication" retained variety, "in the case of vegetable species, the indication" certified seed of the conservation variety "or" standard seed of the conservation variety, "'.
19. in Article 3b (7), the words "for agricultural species" shall be inserted at the beginning of point (c).
20. The following Section 3c is inserted after Section 3b, including footnote 15:
Placing in circulation seed of varieties developed for cultivation under special conditions
(1) The seed of a variety developed for cultivation under special conditions may be put into circulation if:
(a) satisfies the requirements for the characteristics of seed in the category of standard seed;
(b) tests to determine the characteristics of propagating material have been carried out according to internationally applicable methods.
(2) The seed of a variety developed for cultivation under special conditions may be put into circulation only in small packages whose maximum net weight is laid down in the implementing legislation. The supplier shall report to the Institute for each growing season the quantity of seed put into circulation for each variety developed for cultivation under special conditions.
(3) The packages of seed put into circulation must be sealed by the supplier in such a way that the packaging cannot be opened without damaging the sealing system or leaving traces of disturbances 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:
(a) the designation "EC rules and standards,"
(b) the supplier's designation and address or identification mark;
(c) the year of closure of the packaging, expressed in the word "Closed" and a four-digit number indicating the year or the year of the last sampling for the purpose of the germination test, expressed in the word "Sampled" and a four-digit number indicating the year;
(d) the name of the species,
(e) variety denomination,
(f) the designation "variety developed for cultivation under special conditions,"
(g) the lot number allocated by the supplier;
(h) the net or gross weight of the package or the number of seeds;
(i) the type and indicative ratio between the weight of pure seed and the total weight where granulated plant protection products, packaging substances or other solid ingredients have been used.
(4) The Institute shall carry out a follow-up check on varietal identity and plant purity by examination of seed put into circulation of varieties developed for cultivation under special conditions.
(5) The Ministry shall determine by decree:
(a) the maximum net weight of a small package of seed of a variety developed for cultivation under specific conditions, in the manner laid down by the relevant European Union15);
(b) the method of carrying out a follow-up check on varietal identity and plant purity by examination of seed put into circulation of varieties developed for cultivation under special conditions.
15) Commission Directive 2009 / 145 / EC. '.
21. In Article 7 (6), the words "and the method of labelling certified propagating material" shall be added at the end of the text referred to in point (f).
22. Article 10 shall be deleted;
23. In the first sentence of Article 16 (6), the words "with the exception of the supplier of hop propagating material, vines, fruit genera and species and ornamental species' shall be inserted after the words" paragraph 1 '.
24. in Articles 17 (2) (a) and 17 (3) (a), the number "10" is replaced by "9."
25. In Paragraph 18, at the end of paragraph 1, the dot is replaced by a comma and the following point (e) is added:
"(e) varieties protected under the Law on the Protection of Rights to Variety (m2) or under the directly applicable regulation of the European Communities on Community Variety Rights (4b)."
26. in Paragraph 18 (4) (c) (2), "paragraph 3" is replaced by "paragraph 4."
27. in Articles 18 (4) (c) (2) and 18 (4) (d) (2), the words "(a) and (c)" are replaced by the words "(a), (c) and (e)."
28. in Article 23 (2) (c), the word "or" shall be deleted;
29. In Article 23, at the end of paragraph 2, the dot is replaced by "or 'and the following point (e) is added:
"(e) a variety protected under the Law on the Protection of Rights to Variety (m2) or under the directly applicable regulation of the European Communities on Community Variety Rights (4b)."
30. in Article 23 (3), "(d)" is replaced by "(e)";
31. in § 24 (1) (b), "§ 10" is replaced by "§ 3 (1) (c)."
32. in Paragraph 24 (2):
"(2) The propagating material of a variety of fruit or of a species which:
(a) registered in at least one Member State;
(b) it is protected under the Law on the Protection of Variety Rights (m2) or under the directly applicable regulation of the European Communities on Community Plant Variety Rights (4b);
(c) is the subject of an application for official registration in any Member State or is the subject of an application for a plant variety right as referred to in (b); or
(d) has been put into circulation in at least one Member State before 30 September 2012 and has an official description or an officially recognised description. "
33.In Article 24 (3), the second sentence is deleted.
34. in Paragraph 24 (5):
"(5) The supplier of propagating material of fruit genera and species shall be obliged to:
(a) identify and monitor critical points affecting the quality of propagating material of fruit genera and species and keep records thereof;
(b) in the case of organisms which reduce the quality of propagating material, take samples of propagating material and transmit them to the laboratory responsible for analysis (5);
(c) ensure that lots are identifiable and identifiable. ';
35. In Article 24, the following paragraphs 6 and 7 are inserted after paragraph 5:
"(6) The supplier of propagating material of fruit genera and species, other than those not subject to registration pursuant to § 16, shall keep records of purchases and sales by lot and keep records for at least 3 years from the date of purchase or sale.
(7) The supplier of propagating material of fruit genera and species which, during packing, storage, transport or putting into circulation, blends or brings together propagating material of different origin shall keep a record of its composition and origin and keep records for at least 3 years from the date of mixing or putting together. ';
Paragraphs 6 and 7 shall be renumbered paragraphs 8 and 9.
36. In Article 24 (9), the words "and propagating material and their putting into circulation 'shall be inserted after the words" seed crops'.
37. In Article 24, the following paragraph 10 is added:
"(10) The Ministry may, at the supplier's request, authorise the circulation of the necessary quantities of propagating material of fruit genera and species intended for experimental and scientific purposes, for breeding or for the conservation of genetic diversity. ';
38. in Article 24a (6), the part of the sentence behind the semicolon, including the semicolon, shall be deleted;
39. in Paragraph 25 (1) (b):
"(b) protected under the Law on the Protection of Rights to Variety (m2) or under the directly applicable regulation of the European Communities on Community Variety Rights (4b),"
40. in Article 26 (1), "4" is replaced by "3," in point (b), "5" is replaced by "4," in point (c), "6" is replaced by "5" and in point (d), "7" is replaced by "6."
41.Paragraph 26 (2) shall be deleted;
Paragraphs 3 to 7 shall be renumbered paragraphs 2 to 6.
42. In Paragraph 34 (6), the second sentence is replaced by the following: "If the variety belongs to the species listed in the species list, the Institute may, at the request of the keeper, set a time limit for the recognition and putting into circulation of its propagating material. That period shall be fixed so that the last day of the period shall be no later than 30 June of the third year following the date of expiry of the period of registration. ';
43. In Article 35a (1), the words "or vegetable" shall be inserted after the words "agricultural."
44. In Paragraph 35a, the sentence "For one variety, the use of several names may be authorised if they are historically known. 'is added at the end of paragraph 4.
45. in § 35a, the following paragraph 7 is added:
"(7) Where a conservation variety of a vegetable species has been registered in accordance with the procedure laid down in paragraph 3, its propagating material may only be put into circulation in the category of standard seed. ';
46. The following Section 35b is inserted after Section 35a:
Registration of varieties developed for cultivation under special conditions
(1) A variety of vegetable species may be registered as a variety developed for cultivation under special conditions which has no own value for market growing but which has been developed for cultivation under special agro-technical, climatic or soil conditions.
(2) However, pursuant to paragraph 1, a variety which:
(a) it is already registered in the common catalogue as a variety other than that developed for cultivation under special conditions;
(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) it is protected under the Law on the Protection of Variety Rights (m2) or under the directly applicable regulation of the European Communities on Community Plant Variety Rights (4b), or an application for such protection is made for it.
(3) Variety testing may not be carried out if, in addition to the name of the variety and its description, sufficient information is available for the authorisation to register the 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 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 authorise derogations from the directly applicable Regulation of the European Communities (11b), except where such derogations would be contrary to the earlier rights of a third party protected under Article 2 of this Regulation, in respect of the names of varieties developed for cultivation under special conditions known before 25 May 2000. For one variety, multiple names may be approved if they are historically known. ';
47.Paragraph 37 (4) reads as follows:
"(4) Where the registration of a variety is cancelled for the reasons referred to in points (a) to (c) and (f) of paragraph 1 and the variety belongs to the species listed in the species list, the Institute may, at the request of the maintenance operator, set a time limit for the recognition and putting into circulation of its propagating material. That period shall be fixed so that the last day of the period shall be no later than 30 June of the third year following the date of revocation of the marketing authorisation. ';
48. in Paragraph 38a (2) (d):
"(d) as a supplier of propagating material of fruit genera and species contrary to Article 24 (5) (a), does not identify or monitor critical points or keep records of them;"
49. in Article 38a (2) (h), (j), (l) and (o), the word "or" shall be deleted;
50. in Article 38a (2), the following point (q) is inserted after point (p):
"(q) as a supplier of propagating material of fruit genera and species contrary to § 24 (6) or (7) shall not keep records or retain records;"
51. in Article 38a (2) (v), the words "or any variety developed for cultivation under special conditions" shall be inserted after the words "conservation varieties" and the words "or Article 3c (2)" shall be added at the end of the text of point (v).
52. in Paragraph 38b (2) (d):
"(d) as a supplier of propagating material of fruit genera and species contrary to Article 24 (5) (a), does not identify or monitor critical points or keep records of them;"
53.In Article 38b (2) (h), (l) and (o), the word "or" shall be deleted.
54. in Article 38b (2), the following point (q) is inserted after point (p):
"(q) as a supplier of propagating material of fruit genera and species contrary to § 24 (6) or (7) shall not keep records or retain records;"
55. in Article 38b (2) (v), the words "or any variety developed for cultivation under specific conditions" shall be inserted after the words "conservation varieties" and the words "or Article 3c (2)" shall be added at the end of the text of point (v).
56. in Paragraph 39 (1) (m), the words "and rapidly growing trees" shall be deleted;
57. in Paragraph 39 (2) (c), the words "and each variety developed for cultivation under special conditions" shall be inserted after the words "conservation varieties."
58. Annex No 1, including the title, is deleted.
Transitional provisions
1. Propagating material and propagating material of fruit genera and species originating from matte crops which existed before 30 September 2012 and have been certified or controlled by the Institute as conformal propagating material may be put into circulation in the territory of the Czech Republic under the current legislation until 31 December 2018 provided that the label or accompanying document indicates that the propagating material and planting material put into circulation in accordance with Article 21 of Council Directive 2008 / 90 / EC.
2. After 31 December 2018, propagating material and planting material of fruit genera and species may be put into circulation if the requirements laid down by Act No 219 / 2003 Coll., as effective from the date of entry into force of this Act, are fulfilled.
Efficacy
This Law shall take effect on 30 September 2012, with the exception of the provisions of Article I (1), (3), (11), (12), (14) to (21), (23), (24), (26), (28), (30), (39) to (47), (49), (51), (53) and (55) to (58), which shall take effect on the first day of the second calendar month following its publication.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 331 / 2010 Coll., 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 |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.11.2010 |
|---|---|
| Effective from | 30.09.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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