Act No. 334 / 2020 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 seeds and seed), as amended, and other related laws
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Effective from 01.10.2020
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01.10.2020
06.08.2020
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334
THE LAW
of 22 July 2020
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, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on the circulation of seed and seed
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. 241 / 2016 Coll., Act No. 183 / 2017 Coll., Act No. 295 / 2017 Coll., is amended as follows:
1. In footnote 1, the sentence "Commission Directive 74 / 268 / EEC of 2 May 1974 laying down specific requirements for the presence of Avena fatua in fodder plant seed and cereals. '," Commission Directive 75 / 502 / EEC of 25 July 1975 on the restriction of the marketing of seed of oil plants (Poa pratensis L.) to seed officially certified as "basic seed' or" certified seed ', "Commission Directive 86 / 109 / EEC of 27 February 1986 amending Directive 86 / 109 / EEC amending Directive 86 / 109 / EEC on the restriction of the marketing of seed of certain species of fodder plants, oilseeds and fibre plants.
2. in Article 2 (1) (u), the word "plant" shall be replaced by "seed" and "for which compliance with these requirements has been verified by official examination" shall be deleted;
3. in Article 2 (1) (aa), the words "single plant variety," shall be replaced by the words "one variety plant."
4. In Article 2 (2) (b), the words "for recognition and entry into circulation 'are deleted.
5. In Article 2, at the end of paragraph 2, the dot is replaced by a comma and the following points (y) and (z) are added:
'(y) micropropagation of plant material to produce a large number of plants by means of an in vitro culture from differentiated peak meristems;
(z) mericlone a set of individuals created by microreproduction techniques from a single source of a side or peak meristem identified by an in vivo retained source plant. ';
6. in Article 3 (1) (a), the words "with the exception of hops, vines and fruit genera and species" shall be inserted after the words "breeding material," and the words "and hops" shall be deleted;
7. in Article 3 (1), the following point (c) is inserted after point (b):
"(c) as standard propagating material of hops,"
Points (c) to (e) shall be renumbered as points (d) to (f).
8. in Article 3 (9), the words "hops and vine propagating material 'are replaced by the words" and vine propagating material and hops';
9. In Paragraph 3d (5), the word "registered 'is deleted.
10. in Article 4 (3), the comma shall be replaced by a dot at the end of point (e) and point (f) shall be deleted;
11. in Article 4 (4) (a), the following point 2 is inserted after point 1:
'2. Its registration has expired, but the time limit laid down in Paragraph 34 (7) is still running, '.
Points 2 to 4 shall be renumbered 3 to 5.
12. in Article 5 (3):
"(3) The Institute or the authorised person shall carry out an inspection of the propagation crop and a record of the result thereof shall be drawn up as part of the certification sheet of the propagation crop. If the supplier does not designate the authorised person referred to in paragraph 1 (j), the Institute may designate the authorised person to carry out the crop inspection. ';
13. in Paragraph 7 (4):
"(4) In closed growing areas for the production of pre-stage propagating material and basic potato propagating material, potatoes may be grown exclusively from pre-stage propagating material, basic propagating material or certified propagating material. In addition to these closed growing areas, seed potatoes of pre-stage propagating material and basic propagating material from inspected crops intended for its production shall not be recognised. '.
14. In Article 7, at the end of paragraph 6, the dot is replaced by a comma and the following point (v) is added:
"(v) a list of the cadastral territories of closed areas for the production of pre-stage propagating material and basic potato propagating material."
15. in Article 12 (1), "varieties of one or more species" shall be replaced by "different genera, species or varieties."
16. in Article 12 (2) (a), "for use for agricultural production" is replaced by "for use as fodder."
17. in Article 12 (2) (b), the words "for use outside agricultural production" are replaced by the words "not intended for use as fodder plant."
18. in Paragraph 12 (2), the words "produced to improve the health of future crops" shall be added at the end of the text in point (c).
19. In Article 13 (5), the words "provide information for updating the database maintained 'are replaced by the words" regularly update their data in the database maintained'.
20. In Article 17 (1) of the introductory part of the provision, the words "and Article 22 (3) 'are inserted after the words" Article 7 (2)'.
21. in Articles 17 (2) (e), 17 (3) (c) and 17 (6) (d), the number "90" is replaced by "95."
22. Paragraph 17 (14) reads:
"(14) The acts carried out by the delegate pursuant to paragraphs 2, 3, 6, 8 and 9 shall be subject to the supervision of the Constitution. The Institute may revoke the delegation if the delegate:
(a) infringes the conditions laid down in the mandate;
(b) repeatedly fails to comply with the requirements for conformity in subsequent inspection;
(c) fails to comply with the instructions of the Institute concerning the supervision carried out within the time limit laid down; or
(d) for a period of at least one year, it shall not carry out any activity under delegation. ";
23. In Article 17, the sentence "The person whose mandate has been revoked pursuant to paragraph 14 shall be added to the beginning of paragraph 15, and the mandate may not be re-granted until 3 years after the date on which the decision to revoke the mandate becomes final. '.
24. in Article 18 (4) (d) of the Introductory Part of the provision, the words "only" and the words "shall be deleted from third countries; the propagating material of hops may only be imported from third countries" shall be replaced by "and."
25. in Article 18 (4) (e), the words "only imported from third countries" shall be deleted;
26. In Article 19 (11), the words "hops, vines and" shall be inserted after the words "certified propagating material."
27. in Article 19 (12), the words "agricultural species, vegetable species and" shall be inserted after the words "material."
28. In Article 19 (13), the words "standard hop propagating material 'shall be inserted after the words" seed'.
29. in Article 19 (17) (i):
"(i) requirements for labels and, where applicable, fuses for packages of standard seed and standard propagating material of hops;"
30. In Paragraph 19, at the end of paragraph 17, the dot is replaced by a comma and the following point (n) is added:
"(n) the requirements which the official label of the standard propagating material of the vine must satisfy."
31. In Article 21, the second sentence is replaced by the following: "For multiannual species, the guarantee period shall be 2 years and shall run from the first day of the calendar year following the end of the calendar year in which the variety has reached the development stage necessary to determine the authenticity of the variety. '
32. In Paragraph 22, the following paragraph 3 is inserted after paragraph 2:
"(3) The Institute shall carry out a follow-up check on the standard propagating material of hops by means of vegetation tests to verify its varietal identity and varietal purity. In order to ensure the growing testing of hops, the Institute may conclude a contract in accordance with Article 17 (1). '
Paragraphs 3 to 9 shall be renumbered paragraphs 4 to 10.
33. in Paragraph 22 (7) (b), the text "[Paragraph 19 (2) (a)]" is replaced by "Article 19 (2) (a) or (b)."
34. in Article 22 (7) (d):
"(d) prohibit the putting into circulation of standard seed or propagating material of hops, provided that such seed or propagating material of hops does not satisfy the requirements for varietal identity or varietal purity; The Institute shall abolish the measure if it subsequently finds that the seed complies with the requirements for varietal identity or varietal purity, '.
35. in Paragraph 22 (10) (a), "4" is replaced by "5."
36. In Article 23 (1), the words "basic or certified propagating material, breeding material, pre-basic propagating material 'are replaced by the words" pre-basic propagating material, basic propagating material, certified propagating material'.
37. in Article 23 (2) (d), the words' in the common catalogue of vine varieties or 'shall be deleted and the word' z 'shall be replaced by' from official ';
38. in Article 23 (3), "to (e)" is replaced by "(c) and (e)";
39. The following Section 23a is inserted after Section 23:
Propagating material of hops
(1) The propagating material of hops may be put into circulation as:
(a) recognised under Article 3 (1) (a); or
(b) standard in accordance with Paragraph 3 (1) (c).
(2) The supplier of hop propagating material is obliged to:
(a) monitor and keep records of the critical points affecting the production of hop propagating material for at least 3 years from the date of entry into circulation and, upon request, make it available to the Constitution;
(b) in the event of the presence of harmful organisms reducing the quality of the hop propagating material referred to in the Decree, take samples of the propagating material and pass it on to the laboratory or person responsible for analysis pursuant to Article 17 (9);
(c) to grow propagating material in separate lots; when micropropagation is used, the lot is propagating material derived from a single mericlone; and
(d) ensure the planting of comparative crops of individual varieties and clones intended to control the varietal identity of propagating material produced by microreproduction.
(3) The supplier of hop propagating material shall keep a record of crop inspections, sampling and testing for harmful organisms which reduce the quality of the hop propagating material, purchase and sale by lot and of comparative crops by mericlones, and shall keep it for at least 3 years from the date of removal from the crop or putting it into circulation.
(4) The standard propagating material of hops put into circulation shall comply with the characteristics laid down by the Ministry by the Decree. These characteristics of propagating material shall be the responsibility of the supplier who is obliged to notify the customer in writing of the actual characteristics of the propagating material of hops put into circulation.
(5) The supplier who produces standard hop propagating material is also obliged to:
(a) take samples from each mericlone and plant them for the purpose of follow-up or provide access to the crops shown to have been planted with a customer of controlled seed;
(b) keep and keep for 3 years a record of:
1. the origin of the mericlone used in the manufacture,
2. the number of pieces of standard propagating material produced and the person to whom it has been transmitted;
3. the quantity of standard propagating material used in the holding; and
4. the characteristics of the standard propagating material produced; and
(c) submit, on request by the Institute, the register referred to in (b) for inspection.
(6) The Institute shall carry out checks on compliance with the obligations laid down in paragraphs 2 to 5 and on subsequent checks on production of standard hop propagating material. For the purposes of subsequent control of varietal identity and plant purity, the Institute shall take samples of the hop propagating material produced.
(7) Propagating material of hops multiplied by microreproduction may only be put into circulation as standard propagating material according to § 3 (1) (c).
(8) The Ministry provides by decree
(a) requirements for the characteristics of hop propagating and planting material and for the circulation of hops propagating material;
(b) the critical points observed in the production process of hop propagating material;
(c) the particulars of the record of checking the critical points of the hop propagating material;
(d) the sampling procedure for hop propagating material;
(e) the method of microreproduction,
(f) the method of marking the health classes of hop propagating material; and
(g) a list of harmful organisms which reduce the quality of hop propagating material. ';
40. in Paragraph 24 (1) (b), "(c)" is replaced by "(d)."
41.In Paragraph 24 (2) (b):
"(b) is protected under a plant variety right in at least one Member State or under a directly applicable European Union provision on Community plant variety rights (4b),"
42. in Article 24 (2) (c), the word "official" shall be deleted;
43. In Paragraph 24 (2) (d), the words "in the list" shall be deleted and the words "one Member State" shall be replaced by the words "in one Member State."
44. Paragraph 24 (8) is deleted.
Paragraph 9 shall become paragraph 8.
45. in Article 24a (1) (c), "3" is replaced by "5."
46. in Article 26 (2) (e), the words "hops and" shall be deleted;
47. In Article 26, at the end of paragraph 2, the dot is replaced by a comma and the following points (f) and (g) are added:
"(f) the varieties retained; and
(g) hop varieties. ';
48. in Article 27 (1), the word "Unie.2)" shall be replaced by "Union for the Protection of New Varieties of Plants 2."
49. Footnote No 11b reads:
"11b) Commission Regulation (EC) No 637 / 2009 of 22 July 2009 laying down detailed rules for the application of the names of varieties of agricultural plant and vegetable species, as amended. ';
50. In Paragraph 27 (6), the word "temporary 'shall be inserted after the word" approve'.
51. in Article 28 (3), the words "and the maintenance of the variety shall be ensured in the Czech Republic or in another Member State at the end of the text (c); the variety may be maintained in another State provided that an equivalent control of the maintenance production is ensured '.
52. In Paragraph 28, the words "or in another Member State 'shall be added at the end of the text of paragraph 4.
53. In Article 30 (3), the word "Constitution" shall be deleted and at the end of the paragraph the sentence "The methodologies are published on the Community Plant Variety Office (CPVO), the Union for the Protection of New Varieties of Plants (UPOV) and the Constitution."
54. in Paragraph 30 (8), point (b) is deleted;
Point (c) shall be renumbered (b).
55. in Paragraph 31 (3), "6 months" is replaced by "annually."
56. In Article 33, at the end of paragraph 1, the dot is replaced by a comma and the following points (k) and (l) are added:
'(k) in the case of a conservation variety, an indication that it is a conservation variety; and
(l) in the case of a variety developed for cultivation under special conditions, an indication that it is a variety developed for cultivation under special conditions. "
57. in Article 33 (2), the words "and hops" shall be inserted after the words "vines."
58. In Article 33 (4), the word "a 'is replaced by a comma, the words" in order to preserve biodiversity' are replaced by the words "and the variety developed for cultivation under special conditions', and at the end of the paragraph, the sentence" In the case of varieties of fruit species, the list shall contain an official description of the variety or an officially recognised description of the variety '.
59. In Paragraph 34 (3), the words "submitted 'are replaced by the words" submitted by the keeper'.
60. In Paragraph 34, the sentence "Paragraphs 29 (3) and 30 (1) shall apply mutatis mutandis' shall be added at the end of paragraph 4.
61. In Paragraph 34, at the end of paragraph 5, the sentence "The Institute shall cancel the registration in the State Variety Book of the Maintainer of the Registered Variety, who has not submitted an application for renewal."
62. In Paragraph 34 (6), the words "fruit or species' shall be inserted after the words" variety '.
63. In Article 34 (7), the words "submitted at the latest by the end of the registration period 'shall be inserted after the words" the keeper'.
64. In Paragraph 35, the words "or in another Member State 'shall be added at the end of the text of paragraph 2.
65.In Article 35 (3) (a), the words "under the plant variety rights law 2)" shall be inserted after the word "rights."
66. In Article 35 (3), at the end of point (b), comma is replaced by a dot and the sentence "Paragraphs 29 (3) and 30 (1) (a) shall apply mutatis mutandis' is added.
67. In Paragraph 35 (3), the sentence "Paragraph 30 (1) (b) shall apply mutatis mutandis" shall be added at the end of point (c).
68. In Article 35 (5), the words "and hops' shall be inserted after the words" vines'.
69. In Paragraph 38 (5), the sentences of the second and last paragraphs are deleted.
70. in Article 38a (1) (b), the words "standard propagating material" are replaced by the words "propagating material of agricultural species, vegetable species or"
71. in Article 38a (2) (b), the words "or" shall be replaced by a comma and at the end of the text of the letter the words ", Article 23a (2) (a), Article 23a (3) or Article 23a (5) (b) shall be added."
72.In Paragraph 38a (2) (h), "does not provide information at the request of the Constitution 'is replaced by" does not regularly update its data relating to the database maintained by the Institute'.
73.In Article 38a (2) (j) and Article 42 (2), "6" is replaced by "7."
74.In Article 38a (4), "5" is replaced by "6."
75. in Paragraph 39 (1), point (l) shall be deleted;
Points (m) and (n) shall be renumbered as points (l) and (m).
76.
"(l) the list of clones of vine varieties and hops,"
(77) Annex 2, including the title, shall be deleted.
Transitional provision
Administrative proceedings initiated pursuant to Act No. 219 / 2003 Coll., as effective before the date of entry into force of this Act and have not been definitively completed before the date of entry into force of this Act, shall be completed in accordance with Act No. 219 / 2003 Coll., as effective before the date of entry into force of this Act, with the exception of the procedure for the registration of the conservation variety and the procedure for the registration of the hop variety, which shall be completed in accordance with Article 26 of Act No. 219 / 2003 Coll., as effective from the date of entry into force of this Act.
Amendment of the Plant Variety Rights Act
Act No. 408 / 2000 Coll., on the Protection of Plant Variety Rights and amending Act No. 92 / 1996 Coll., on Varieties, Seeds and Propagating Plants, as amended, (Act on the Protection of Variety Rights), as amended by Act No. 147 / 2002 Coll., Act No. 149 / 2002 Coll., Act No. 219 / 2003 Coll., Act No. 377 / 2005 Coll., Act No. 554 / 2005 Coll., Act No. 184 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 279 / 2013 Coll., and Act No. 183 / 2017 Coll., is amended as follows:
1. In Article 7, at the end of paragraph 1, the sentence "This shall not apply if the name is contrary to the provisions of paragraph 2. 'is added.
2. Paragraph 7 (2), including footnote 15, reads:
"(2) In cases where the variety name is not admissible, the directly applicable regulation of the European Union15 shall apply).
15) Article 63 of Council Regulation (EC) No 2100 / 94. '
3. In Article 9, at the end of point (f), the dot is replaced by a comma and the following point (g) is added:
"(g) information on who is the maintenance of the variety and where maintenance is carried out."
4. In Paragraph 14, the following paragraph 3 is added:
"(3) If there are obstacles to further proceedings, the Institute shall invite the applicant to remove the obstacles and shall set a reasonable time limit; At the same time, it shall inform the applicant that it shall reject the application in the event of non-removal of obstacles. ';
5. Paragraph 17 (3) reads as follows:
"(3) The provisions of paragraph 1 shall also apply for the period after the expiry of the protection rights. The provisions of paragraph 2 shall also apply to the period after the expiry of the term of protection only in the case of a variety denomination of a specific importance. '.
6. In Article 18 (3), the word "also 'is deleted and at the end of the text of the paragraph the words" and to communicate all the information necessary to assess the continued existence of the protected variety' are added.
7. in Article 23h (1), point (b) is replaced by the dot and point (c) is deleted;
8. footnote 13 reads:
"13) Act No. 280 / 2009 Coll., Tax Code, as amended. '
9. Paragraph 26 (2) is deleted and paragraph 1 is deleted.
10. In Article 30, the words "legal protection 'are replaced by the words" rights protection'.
11. in Annex No 1 (b), the word "plants" shall be replaced by "crops" and the words "clover" shall be replaced by "clover (Persian)."
Transitional provision
Administrative proceedings initiated pursuant to Act No. 408 / 2000 Coll., as effective before the date of entry into force of this Act, and not final before the date of entry into force of this Act shall be completed in accordance with Act No. 408 / 2000 Coll., as effective before the date of entry into force of the Act.
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Regulation Information
| Citation | Act No. 334 / 2020 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, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.08.2020 |
|---|---|
| Effective from | 01.10.2020 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Agriculture
The regulation text is for informational purposes only.
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