Decree No. 332 / 2006 Coll.
Ordonnance on crops and propagating material of hops, vines, fruit genera and species and ornamental species and its putting into circulation
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Order
Effective from 01.07.2006
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332
DECLARATION
of 15 June 2006
on crops and propagating material of hops, vines, fruit genera and species and ornamental species and its putting into circulation
The Ministry of Agriculture shall determine, pursuant to § 3 (8), § 4 (7), § 5 (9), § 7 (6) (a) to (j), (n), (p), (r), (s) and (u), § 10 (11), § 14 (6), § 16 (11), § 17 (13) (d), § 18 (12), § 19 (15) (a), (b), (c), (f) and (h), § 23 (8), § 24 (8), § 24a (7) and § 25 (8) of Act No 219 / 2003 Coll., on the putting into circulation of seed and seed and seed-grown plants and certain laws (the Act on the circulation of seed and seed and seed crops).
This decree implements the relevant provisions of the European Union2) and provides for details of the recognition and circulation of hop crops and propagating material and fruit genera and species.
For the purposes of this decree:
(a) the cultivation of the same propagating material of the same variety and, where appropriate, of a clone, category, generation, health class and age by hop seed;
(b) mother plants of hops identified for reproduction;
(c) the propagation of hop plants recognised by the cultivation of hops from recognised seed of the same variety or clone, category, generation and health class in the hop structure,
(d) lard hops treated with an underground calcareous part of the hops lobe, which is used for the production of hops, exceptionally for the establishment of a propagation hop;
(e) by the spiced-up hop plant grown from the vegetative parts of the hop plant in the root nursery;
(f) coated with a hops seed hop spelt grown from the vegetative parts of the hop plant and rooted in a nutrient substrate and packaging;
(g) vine plant of genus Vitis (L.) intended for the production of grapes or for use as propagating material for such plant;
(h) the right-root planting of vines, the rooted part of ungrafted vines or of the aeroplane which is intended for planting or for use as grafting forequarters;
(i) grafted grafting of vines interconnected with a footcut which is rooted,
(j) vine vines matured by a one-year drive;
(k) the year-old vine unspoilt,
(l) with a rootstock cut, the part of the vine or of the aeroplane which is intended to form an underground part in the production of grafted seedling;
(m) the grafting of the vine part of the vine or of the aeroplane which is intended to form an above ground part in the production of grafted seedlings or in the grafting at the site;
(n) by cutting the vine part of the vine or of the aeroplane intended for the production of rectangular seedlings;
(o) rootstock vines for the production of rootstock cuttings or cuttings;
(p) selected vine vines for the production of grafts or cuttings,
(q) vine nurseries intended for the production of Orthodox vines or grafted seedlings;
(r) propagating material of fruit genera and species of seed, rootstocks, cuttings, gouges, eyes, separation, seedlings, nurseries and, where appropriate, other parts of the plant intended for reproduction and production of fruit plants;
(s) nurseries of fruit genera and seedlings, shrubs or trees intended for planting;
(t) the generative rootstock and of the species rootstock grown from seed of fruit plants,
(u) vegetative rootstocks of the genus and of the species of rootstock multiplied by vegetative production;
(v) mother trees and shrubs of fruit and the type of continuous planting of trees and shrubs intended for the production of propagating material;
(w) propagation of fruit crops and the type of continuous planting of plants of the same group of crops, of the same species, varieties, categories, generations, health classes, age and, in the case of nurseries, rootstocks;
(x) propagating material of ornamental species plant material intended for the reproduction or cultivation of ornamental plants. In the case of cultivation from finished plants, this definition applies only if the resulting ornamental plant is intended for further circulation.
Recognition of seed crops and propagating material of hops, vines and fruit genera and species and putting into circulation
[Articles 3 (8), 7 (6) (a), (b), (d) and (u), 23 (7) and 24 (9) of the Law]
(1) The requirements for the characteristics of the hop crop and propagating material put into circulation are set out in Annex 1.
(2) The requirements for the characteristics of the growing crop and propagating material of vines put into circulation are set out in Annex 2.
(3) The requirements for the characteristics of propagation crops and propagating material of fruit genera and species put into circulation are set out in Annex 3.
(4) The following vine varieties shall be considered to have been officially authorised for circulation:
(a) White Portugal,
(b) Blue Janek,
(c) nutmeg,
(d) Grey Portugal,
(e) Yellow trama; and
(f) Vellín red and white.
Categories and numbers of generations of hop propagating material and their labelling, conditions for properties of land, land and, where applicable, substrate
[K § 3 (8), § 7 (6) (p) and (s) of the Act]
(1) The category of hop propagating material is:
(a) a pre-stage which is referred to as SE 1 and which:
1. comes from breeding material;
2. is maintained under conditions preventing infection of individual plants;
3. is regularly checked for harmful organisms which reduce the quality of propagating material;
4. is considered as a pre-stage if it is reproduced under the same conditions;
(b) basic propagating material which:
1. the first generation is E I and which comes from pre-basic propagating material,
2. the second generation shall be E II and shall come from the first generation of basic propagating material or pre-basic propagating material;
(c) certified propagating material known as C and derived from pre-basic propagating material, from first or second generation basic propagating material;
(d) standard propagating material known as STANDARD.
(2) The standard propagating material of hops multiplied by the micropropagation method comes from propagating material healed by the microreproduction method. Standard propagating material cannot be produced in a classical way in a breeding plant. Propagating material of hops used to preserve biodiversity cannot be produced from recovered propagating material and cannot be put into circulation.
(3) In the soil or substrate in which pre-basic material, basic material, certified propagating material and standard propagating material are grown, parasitic PWN of the genus Xiphinema shall not be present. If this condition is met and other conditions for testing individual health classes as referred to in Annex 1 (6) to this Decree are met, this propagating material may be referred to as viral (VF) or tested for viruses (VT).
(4) Variety identity shall be verified on growing plants. In order to verify the varietal identity of propagating material propagated by micropropagation, plantings based directly on it or production plantings evidently planted from individual mericlons of hop propagating material kept by the supplier shall be used. At least 10 plants from one mericlone must be planted.
(5) The institute shall carry out, by means of vegetative testing, a follow-up check to verify its varietal identity and purity for hop propagating material. The rules for the establishment and evaluation of vegetation tests, the model of the registration of the evaluation of the vegetation test and the model of the label of the sample for the growing test shall be published on the Institute's website.
Categories and numbers of generations of vine propagating material and their labelling, conditions for properties of land, land or substrate, where applicable
[K § 3 (8), § 7 (6) (p) and (s) of the Act]
(1) The category of vine propagating material is:
(a) a pre-stage which is referred to as SE 1 and which:
1. comes from breeding material;
2. is maintained under conditions preventing infection of individual plants;
3. is regularly inspected for the presence of harmful organisms under the conditions set out in Annex 2 to this Regulation;
4. is considered as a pre-stage if it is reproduced under the same conditions;
(b) basic propagating material known as E which:
1. is propagated by direct vegetative propagation of pre-basic propagating material;
2. is regularly inspected for the presence of harmful organisms under the conditions set out in Annex 2 to this Decree;
(c) certified propagating material known as C which:
1. is propagated by direct vegetative propagation from pre-stage propagating material or basic propagating material;
2. is regularly inspected for the presence of harmful organisms under the conditions set out in Annex 2 to this Decree;
(d) standard propagating material known as STANDARD which is regularly inspected for the presence of harmful organisms under the conditions set out in Annex 2 to this Decree.
(2) The following requirements shall be met for rootstock, selected vineyards and vine seedlings:
(a) are found free from regulated non-quarantine harmful organisms for the European Union (hereinafter referred to as "RNSO") listed in Annex No 2, Part 2, Sections 1 and 2, to this decree, as regards the genus or species concerned;
(b) in the most appropriate period of the year, taking into account the climatic conditions and conditions for vine cultivation and taking into account the biology of RNŠO relevant to vines, samples shall be taken from them in case of doubt and tested for RNŠO listed in Annex 2, Part 2, Sections 1 and 2 to this Decree;
(c) visual inspections and testing shall be carried out in accordance with the conditions set out in Section 3 of Part 2 of Annex No 2 to this Decree, further inspections being carried out where necessary to ensure the quality of propagating material;
(d) they may be grown only in soil or, where appropriate, in containers with growing media, the soil or substrates being free from any harmful organisms which may host the viruses referred to in Annex 2, Part 2, Section 2, to this Regulation, and the absence of such harmful organisms shall be determined by sampling and testing, sampling and testing, taking into account the climatic conditions and the biology of the harmful organisms which may host the viruses listed in Annex 2, Part 2, Section 2 to this Regulation.
(3) Soil or substrate sampling and testing shall not be carried out where the Institute has concluded, on the basis of an inspection, that the soil is free from any harmful organisms which may host the viruses listed in Annex 2, Part 2, Section 2, to this Decree. Sampling and testing shall also not be carried out if the vine has not been grown on the production soil for at least 5 years and if there is no doubt that there are no harmful organisms present in that soil which may host the viruses listed in Annex 2, Part 2, Section 2, to this Decree.
(4) In the case of sampling and testing, Member States shall apply the European and Mediterranean Plant Protection Organisation (EPPO) protocols or other internationally recognised protocols. In the absence of such protocols, the corresponding protocols established at national level shall apply. In this case, Member States shall make those protocols available to the other Member States and the Commission upon request.
(5) In order to avoid the risk of contamination by harmful organisms which may host the viruses listed in Annex 2, Part 2, Section 2, Section 2, to that decree, the root and vine nurseries shall be established under the conditions laid down in Annex 2 to this Regulation.
(6) In addition to compliance with plant health and soil requirements, propagating material shall be produced in accordance with the crop site, production site or area requirements set out in Sections 1 and 2 of Part 2 of Annex 2 to this Regulation in order to achieve a restriction on the presence of harmful organisms listed in that Annex.
(7) Visual inspections of the crops and control of other requirements laid down in this Decree for vine propagating material are carried out by the Institute.
Category and number of generations of propagating material of fruit genera and species and their labelling, conditions for properties of land, soil and, where applicable, substrate
[K § 3 (8), § 7 (6) (p) and (s) of the Act]
(1) The category of propagating material of fruit genera and species, with the exception of strawberry, is:
(a) pre-basic propagating material referred to as SE 1 which:
1. comes from breeding material and has been tested for harmful organisms listed in Annex 10 (1);
2. is maintained under conditions preventing infection of individual plants through effective technical isolation;
3. is regularly checked for harmful organisms which reduce the quality of propagating material;
4. is considered as a pre-stage if it is reproduced under the same conditions;
(b) basic propagating material which:
1. the first generation is E I and which comes from direct vegetative propagation of pre-stage propagating material,
2. the second generation is E II and which comes from the first generation of basic propagating material,
(c) certified propagating material known as C and derived from pre-basic propagating material, from the first or second generation basic propagating material.
(2) The category of strawberry propagating material is:
(a) pre-basic propagating material referred to as SE 1 which:
1. comes from breeding material;
2. is maintained under conditions preventing infection of individual plants;
3. is regularly checked for harmful organisms which reduce the quality of propagating material;
4. is considered as a pre-stage if it is reproduced under the same conditions;
(b) basic propagating material which:
1. the first generation of subsidiaries shall be E I and shall be multiplied by direct vegetative propagation of pre-stage propagating material using aerial parts of shoots and the plants shall be kept individually under conditions preventing infection or multiplied by direct vegetative propagation from pre-stage in vitro conditions where the maximum number of reproductive cycles is 10;
2. the second generation of subsidiary plants shall be E II and shall be multiplied by direct vegetative propagation from the first generation of basic propagating material using aerial parts of the shoots;
(c) certified propagating material known as C and produced by direct vegetative propagation by means of aerial parts of shoots of basic propagating material.
(3) In the substrate in which the propagating material of the pre-stage strawberry, almond, apricots, cherries, cherries, slivers, peaches, currants, gooseberries, raspberries or blackberries is grown, parasitic PWN of the genus Xiphinema and Longidorus shall not be present. If this condition is met, it may be identified as viral or tested for viruses.
(4) In the substrate, in soil or on land where basic propagating material of the genera and species referred to in paragraph 3 is grown, parasitic PWN of the genus Xiphinema and Longidorus shall not be present. If this condition is met, this propagating material may be classified as viruscule or tested for virosis.
Application dates, model application for recognition of hop, vine, fruit genera and species propagating material, model recognition certificate
[K § 4 (7), § 5 (8), § 7 (6) (h) and (r) of the Act]
(1) The model for the application for recognition of the seed and propagating material of hops, vines, fruit genera and species is shown on the Institute's website.
(2) An application for recognition of propagation crops and propagating material grown under field conditions shall be submitted at the dates set out in Annex 6.
(3) An application for recognition of propagating material and propagating material grown in laboratory or greenhouse conditions shall be submitted no later than 20 days before the propagating material is put into circulation.
(4) In particular, invoices, delivery notes, international certificates, certificates and recognition certificates issued by the competent authority responsible for certification or control in that State are used to verify the origin of recognised propagating material.
(5) The document issued by the supplier in accordance with paragraph 4 may be replaced by a plant passport in accordance with a specific legislation (4), provided that it contains the particulars set out for the accompanying document in accordance with Paragraph 16 (1) and (2) and that these particulars are clearly separated.
Procedures for evaluation of seed crops
[Paragraph 7 (6) (c) and (p) of the Law]
(1) In the case of seed crops, an evaluation of:
(a) whether the pre-crop requirements, the properties of the land, land and, where applicable, the substrate provided for in Sections 3, 4, 5 and 6 of this Decree have been met before the crop is set up;
(b) the total state of the crop,
(c) the authenticity and purity of the species and variety;
(d) agrotechnics;
(e) the health status of the crop;
(f) isolation of the crop by establishing whether:
1. the crop is protected from unwanted pollination by related species or other varieties or is protected against the transmission of harmful organisms;
2. there is no risk of mechanical additions of other genera, species or varieties occurring during harvesting.
(2) Each crop shall be evaluated at least once during the growing season. The number of shows and their dates for each crop group are set out in Annex 1 (1), Annex 2 (1) and Annex 3 (1).
(3) The evaluation of seed crops should be recorded in the annex to the application on the Institute's website.
(4) For hop crops, the Institute assesses:
(a) whether the pre-crop requirements, the properties of the land, land and, where applicable, the substrate provided for in Sections 3 and 4 have been met before the crop is set up;
(b) the total state of the crop,
(c) the health status of the crop;
(d) the isolation of the crop by establishing whether:
1. the crop is protected against the transmission of harmful organisms;
2. there is no risk of mechanical additions of other genera, species or varieties occurring during harvesting.
(5) The assessment of the propagation crop shall be carried out by showing the whole area in such a way that all the characteristics laid down by law and regulation can be evaluated. If one of the characteristics cannot be reliably evaluated or the plot is so strong that it is not possible to pass through, the crop shall not be recognised for the general condition of Section 4 (1) (a) to (c) in the case of the category of propagating material, or for the category referred to in Section 4 (1) (d), the Institute shall prohibit the putting into circulation of such propagating material.
Method of labelling and characteristics of health classes of propagating material, recognition of crops and propagating material
[For § 3 (8), § 7 (6) (d) and (g), § 24 (9) of the Law]
(1) Virtual propagating material is referred to as VF.
(2) The test propagating material is referred to as VT.
(3) The reproduction material in the medical class of the viruslous must have the following characteristics:
(a) is found free from all viruses and viruses of similar harmful organisms in accordance with internationally recognised diagnostic methods;
(b) has been kept under conditions ensuring the absence of any infection;
(c) comes from direct vegetative propagation of a specified number of generations from viral propagating material;
(d) has been grown and kept under conditions ensuring the absence of any infection.
(4) The reproduction material in the health class tested shall have the following characteristics:
(a) is found in accordance with internationally recognised diagnostic methods free from all viruses and viruses of similar harmful organisms which may reduce the quality of such propagating material;
(b) it originates in direct vegetative propagation from propagating material produced during the same growing season from mother plants stored in an in vitro environment, or it is tested for harmful organisms as referred to in Annex 1 to this Decree, and for the production of propagating material, mother plants may be used within 2 years of overgrowth from mother plants kept in an in vitro environment;
(c) has been grown and kept under conditions ensuring the absence of any infection.
(5) The list of viruses and viruses of similar harmful organisms on which hop propagating material is tested is set out in Annex 1 (6).
(6) The list of viruses and viruses of similar harmful organisms on which the recognised propagating material of fruit genera and species is tested is set out in Annex 10 (1) and the list of specific harmful organisms of fruit genera and quality-reducing species is set out in Annex 10 (2).
(7) The list of specific harmful organisms and diseases reducing the quality of propagating material of ornamental species is set out in Annex 11.
Method of keeping records in the production of propagating material
[K § 7 (6) (j), § 14 (6) of the Act]
(1) The register for the production of hop propagating material, grapes and fruit genera and species is kept in the nursery books.
(2) Propagating hop trees, rootstock and selected vineyards, strawberry mattresses, seed trees and shrubs of fruit genera and species, mother plants of vegetative roots, mother grooves and shrubs of fruit genera and species, mother crops of raspberry and blackberry shall be recorded on the record sheet of the mattresses.
(3) When producing a genetically modified variety, the supplier shall keep separate records of the propagating material produced in the nursery book.
(4) The critical points observed and recorded in the production process of hop propagating material are:
(a) the establishment of an in vitro culture;
(b) culture media used in individual in vitro culture maintenance processes;
(c) pimping or any other handling of hop propagating material;
(d) packaging and preparation for putting into circulation; and
(e) comparative planting.
Requirements for conformal propagating material of fruit genera and species and propagation crops for its production
[K § 3 (8), § 7 (6) (i), § 14 (6) of the Act]
(1) Only conformal propagating material for which the requirements for the development and maintenance of critical points in production processes have been met may be put into circulation,
(a) the quality of the propagating material used to set up seed crops;
(b) agronomic operations involving the cultivation of propagating material, including the recording of nutrition and chemical treatment of plants;
(c) plans and methods for planting propagating material;
(d) reproduction, harvesting, packaging, storage, transport,
(e) keeping proper records of the origin and sale of propagating material;
(f) carrying out inspections of propagating material at a time appropriate for plant development and at a time appropriate for the presence of harmful organisms; and
(g) sampling of propagating material for testing to detect the presence of harmful organisms.
(2) In order to verify the origin of the conformal propagating material, a supplier's document which does not resemble a label or accompanying document is used and contains at least the following information:
(a) the indication "EU rules and standards,"
(b) the designation "Czech Republic" or other Member State in which the supplier's document was issued or their code;
(c) the designation of the competent official authority responsible for certification or its code;
(d) the name and surname of the supplier or his registration number issued by the competent official authority responsible for certification;
(e) individual serial number, week number or batch number of propagating material;
(f) botanical name,
(g) the designation "CAC material,"
(h) the name of the variety and, where appropriate, the clone in the case of:
1. a rootstock not belonging to the variety, the name of the species concerned or the interspecific hybrid;
2. the grafted fruit plants shall be indicated for the rootstock and the noble part;
3. the varieties for which an application for official registration or for the granting of protection rights is being discussed shall include the following information: "proposed name" and "application for protection";
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Regulation Information
| Citation | Decree No. 332 / 2006 Coll., on the crops and propagating material of hops, vines, fruit genera and species and ornamental species and its circulation |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.2006 |
|---|---|
| Effective from | 01.07.2006 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Agriculture
The regulation text is for informational purposes only.
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