Act No 344 / 2011 Coll.
Act amending Act No. 242 / 2000 Coll., on Organic Agriculture and amending Act No. 368 / 1992 Coll., on Administrative Charges, as amended, as amended, and Act No. 634 / 2004 Coll., as amended
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Effective from 01.01.2012
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01.01.2012
29.11.2011
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344
THE LAW
of 26 October 2011
amending Act No. 242 / 2000 Coll., on organic farming and amending Act No. 368 / 1992 Coll., on administrative charges, as amended, and Act No. 634 / 2004 Coll., on administrative charges, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Organic Agriculture Act
Act No. 242 / 2000 Coll., on Organic Agriculture and amending Act No. 368 / 1992 Coll., on Administrative Charges, as amended, as amended, as amended, Act No. 320 / 2002 Coll., Act No. 444 / 2005 Coll., Act No. 553 / 2005 Coll., Act No. 227 / 2009 Coll. is amended as follows:
1. In Article 1, the words "European Community1) 'are replaced by the words" European Union1)';
Footnote 1:
"(1) Council Regulation (EC) No 834 / 2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092 / 91, as amended. Commission Regulation (EC) No 889 / 2008 of 5 September 2008 laying down detailed rules for the application of Council Regulation (EC) No 834 / 2007 on organic production and labelling of organic products as regards organic production, labelling and control, as amended. Commission Regulation (EC) No 1235 / 2008 of 8 December 2008 laying down detailed rules for the application of Council Regulation (EC) No 834 / 2007 as regards the arrangements for imports of organic products from third countries, as amended. '
2.
(1) The Ministry of Agriculture (hereinafter referred to as the Ministry) is the competent authority in accordance with the directly applicable European Union rules governing organic production and labelling of organic products1).
(2) The customs office shall be the authority responsible for controlling imports of organic products from third countries under the provisions directly applicable in the European Union concerning imports of organic products from third countries (1). "
3. in Articles 3 (1) (a) and (b), 6 (6) (c), 8 (1) (b), 22 (1), 23 (2) and 28, the words "European Communities" are replaced by the words "European Union."
4. footnotes 3 and 4 shall read:
"(3) Article 1 (2) (a) of Council Regulation (EC) No 834 / 2007.
4) Article 1 (2) (b) of Council Regulation (EC) No 834 / 2007. '
5. footnotes 6 and 7 shall read:
"6) Act No. 91 / 1996 Coll., on Feed, as amended. Article 1 (2) (c) of Council Regulation (EC) No 834 / 2007.
7) 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. Article 1 (2) (d) of Council Regulation (EC) No 834 / 2007. '
(6) footnote 9 shall read:
"9) Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, as amended. Article 1 (2) (b) of Council Regulation (EC) No 834 / 2007. '
7. in Paragraph 3 (1) (g), "2" is replaced by "1."
8. In Paragraph 3 (2), the words "European Communities' are replaced by the words" European Union 'and the words "market operator' are replaced by the words" economic operator '.
9. Paragraph 4 (1) is deleted.
Paragraphs 2 to 4 shall be renumbered paragraphs 1 to 3.
10. in Paragraph 4 (2), "2" is replaced by "1."
Article 11 (5) shall be deleted, including the title.
12.Paragraph 6 (1), including footnotes 10 and 60, reads as follows:
"(1) The person intending to do business in organic farming in accordance with European Union10 (hereinafter referred to as the applicant) shall submit a registration application to the Ministry; for applicants, the period of transition to organic production60) starts on the day on which his application for registration was submitted to the Ministry.
10) Article 28 (1) of Council Regulation (EC) No 834 / 2007.
60) Article 17 of Council Regulation (EC) No 834 / 2007. '
13. In Article 6, the words "and to persons who provide their services across borders in the field of organic farming 'shall be added at the end of paragraph 2.
Footnote 61 reads as follows:
"61) § 5 of Act No 222 / 2009 Coll., on the Free Movement of Services. '.
14. in Article 6 (3), the words "pursuant to Article 29" shall be inserted after the words "chosen by the Ministry."
15. in Article 6 (4) (a), the words "the registration number of the holding, if allocated, shall be inserted after the words" the identification number of the person, if assigned, ";
Footnote 62 reads:
"62) Paragraph 29 (7) of Decree No. 136 / 2004 Coll., laying down the details of the marking of animals and their registration and registration of holdings and persons provided for by the Breeding Act, as amended by Decree No. 199 / 2007 Coll. ';
16. in Article 6 (4) (b), the words', the farm registration number, if allocated 62 'shall be inserted after the words' (a) ';
17. in Article 6 (4) (c), including footnote 12:
"(c) other data referred to in European Union12).
12) Article 28 (1) of Council Regulation (EC) No 834 / 2007. Article 63 (3) of Commission Regulation (EC) No 889 / 2008. '
18. in the first sentence of Article 6 (5), the words "European Community1), and in the case of a person included in the transitional period" shall be replaced by the words "European Union1), and in the case of a person intending to manage an eco-farm," and in the second sentence, the words "control and certification contracts" shall be replaced by the words "control contracts."
19. in Article 6 (6), the words "the person included in the transitional period is required" shall be replaced by the words "the applicant is obliged."
20. in Article 6 (6) (b), the word "agricultural" shall be deleted;
21. In the first sentence of Article 6 (8), the words "managed in accordance with the rules of the European Communities" shall be deleted, including footnote 15.
22. in Article 6, paragraph 10 is deleted;
Paragraph 11 shall become paragraph 10.
23. in the first sentence of Article 7 (1), the words "the person included in the transitional period or the organic entrepreneur is required" shall be replaced by the words "the environmental entrepreneur is obliged" and in the second sentence, the word "agricultural" and the words "or, where appropriate, in the register of non-agricultural land as indicated in the real estate register, 13)" shall be deleted.
24. In Article 7 (2), the second sentence is deleted and at the end of paragraph 2 the sentence "The duration of the transitional period is not affected by the change in ownership of the eco-farm."
25. in Article 8 (2) (a):
"(a) an organic entrepreneur shall not obtain at least one certificate per bioproduct within 12 months of the end of the conversion period (60) and at least one certificate per bioproduct per calendar year during each calendar year; This period may be extended by the Ministry, at the request of an environmental entrepreneur, in justified cases, even repeatedly, '.
26. in Paragraph 8 (2) (b), the words "or during" are replaced by the words "and during."
27. In Article 8, at the end of paragraph 2, the dot is replaced by "or 'and the following point (c) is added:
"(c) the monitoring contract referred to in Article 6 (3) shall cease to be in force and the person engaged in organic farming shall not conclude the contract with the authorised person within 30 days of the expiry of the contract."
28. Paragraph 9, including the title and footnotes Nos 63 to 65, reads:
Exemptions from environmental management rules
(1) Exemptions from organic farming rules under the directly applicable European Union63) are authorised by the Ministry at the request of a person engaged in organic farming.
(2) The Ministry may request the expert opinion of the delegate before deciding on the application.
(3) The application for an exemption referred to in paragraph 1 shall include, in addition to the general requirements, a justification for the impossibility of complying with the requirements of the directly applicable European Union1 Regulation, a description of the measures taken by the applicant to comply with those requirements and the date by which such measures are taken.
(4) The authorisation for the use of propagating material not obtained in organic farming in accordance with the directly applicable European Union64 Regulation is issued by the Central Control and Examination Institute on request.
(5) The application for authorisation referred to in paragraph 4 shall include, in addition to the general requirements:
(a) the botanical name of the seed species or vegetative propagating material and, where appropriate, the name of the variety for which the applicant is to be authorised;
(b) justification for the impossibility of using seed or vegetative propagating material derived from organic farming under the directly applicable European Union Regulation (1);
(c) the quantity of seed or vegetative propagating material on which the applicant is to be authorised.
(6) The central control and testing institute of agriculture is the administrator of an electronic database containing a list of varieties for which seeds or seed potatoes obtained by organic production in accordance with the directly applicable European Union organic production regulation and labelling of organic products65 are available in the Czech Republic.
(63) Articles 9 (4), 18, 22 (4), 29 (1), 39, 40, 42, 47, 95 and point I.I (a) of Annex VI to Commission Regulation (EC) No 889 / 2008.
64) Article 45 of Commission Regulation (EC) No 889 / 2008.
65) Article 48 of Commission Regulation (EC) No 889 / 2008. Paragraph 13 (4) of Act No. 219 / 2003 Coll., as amended by Act No. 178 / 2006 Coll. '
29. Paragraph 14, including footnote 16 and 17, reads as follows:
Animal husbandry in organic farming
(1) Restricted use of organic pasture by non-organic animals according to the directly applicable European Union organic production and labelling regulation (16) means a period of not more than 90 days during a calendar year.
(2) The conditions for breeding rabbits in organic farming are laid down in implementing legislation in accordance with European Union17.
16) Article 17 (2) of Commission Regulation (EC) No 889 / 2008.
17) Article 42 of Council Regulation (EC) No 834 / 2007. '
30. in Article 22 (1), the words "in accordance with ČSN EN 45011" shall be deleted;
31. in Article 22 (2), the words "the original of the certificate of origin of a bioproduct, a biofood or any other bioproduct shall be transmitted by the authorised person to the person doing business in organic farming" shall be replaced by the words "in the event of refusal to issue the certificate, the person doing business in organic farming shall, without undue delay, transmit the original of the original certificate to the authorised person."
32. Paragraph 22 (3) is deleted.
33. Paragraph 23 (1), including footnote 18, reads:
"(1) Bioproduct, biofood and other bioproduct shall be labelled in accordance with European Union18). Biocides, biocides and other biocides shall also be marked with the graphic character referred to in paragraph 2 on the packaging.
18) Article 23 to 26 of Council Regulation (EC) No 834 / 2007. '
34. Paragraph 29 (1), including footnotes 19 to 21 and 66, reads as follows:
"(1) The Ministry may conclude an agreement with the State Organisation19) or may, on the basis of the results of the procedure carried out in the form of a selection of applications 21) conclude a public contract with a legal person under which the authorised person is entitled to issue certificates of origin for a bioproduct, a biofood or other bioproduct and carry out checks and other professional activities. The designated person who is an organisational body of the State shall be considered as a control body and the designated person who is a legal person shall be considered as a control body under the directly applicable European Union66).
19) Act No. 219 / 2000 Coll., on the property of the Czech Republic and its presentation in legal relations, as amended.
20) Paragraph 160 (3) of the Administrative Regulation.
21) § 146 of the Administrative Code.
66) Article 2 (o) and (p) of Council Regulation (EC) No 834 / 2007. '
35. in Article 29 (2), the words "The person responsible for the inspection" shall be replaced by the words "Staff of the authorised person and other persons responsible for carrying out the inspection (hereinafter referred to as" the person responsible for the inspection ")."
36. in Paragraph 29 (3), the word "applicant" shall be inserted after the words "Person responsible for checking."
37. Paragraph 29 (4), including footnote 25, is deleted.
Paragraphs 5 and 6 shall be renumbered paragraphs 4 and 5.
38. In Article 29 (4), the part of the sentence behind the semicolon, including the semicolon, is deleted.
39. Paragraph 30, including footnote 27, reads as follows:
(1) The contract referred to in Article 29 (1) shall be concluded by the Ministry for an indefinite period. The contract shall contain a period of notice and the grounds for which the Ministry may terminate the contract, including in particular an infringement of the obligation of the delegate provided for by this law. This is without prejudice to other means of ending the contractual relationship with the delegate under the directly applicable European Union organic production and labelling regulation (27).
(2) The person carrying out the inspection shall demonstrate his identity and submit a mandate to carry out the inspection from the authorised person.
27) Article 27 (8) and (9) (d) of Council Regulation (EC) No 834 / 2007. '
footnote 28 is deleted.
40. Paragraph 32 shall be deleted, including the title.
41. Paragraph 33, including the title and footnote 29 to 37, reads:
Transfers
(1) A natural person commits an offence by:
(a) use terms referring to organic production29 in contravention of the directly applicable European Union regulation governing organic production and labelling;
(b) imported from a third country and marketed as an organic product which does not comply with the requirements of the directly applicable European Union organic production and labelling regulation (30);
(c) infringes the obligation imposed by a special measure under Paragraph 34 (1);
(d) use products and substances contrary to the directly applicable European Union organic production and labelling regulation 31),
(e) does not keep records of organic production in accordance with the directly applicable European Union organic production and labelling provisions 32),
(f) in contravention of the directly applicable European Union organic production regulation and labelling of organic products, it shall not process or maintain a description of the economic unit and records of the measures taken (33);
(g) in contravention of the directly applicable European Union organic production regulation and labelling of organic products, keeps the same type of farm animal in an organic and non-organic manner or cultivates in an organic and non-organic manner varieties which cannot be easily distinguished 34),
(h) uses chemically synthesised allopathic veterinary medicinal products or antibiotics in animal rearing in contravention of the directly applicable European Union organic production and labelling regulation (35);
(i) failure to comply with the rules on the conversion to organic production in accordance with the directly applicable European Union rules governing organic production and labelling of organic products36);
(j) in contravention of the directly applicable European Union organic production regulation and the labelling of organic products, it shall not clearly divide the farm into an organic farm and other operating units or retain land, animals and products intended for conventional production separately from land, animals and products used for organic production37); or
(k) fails to fulfil any other obligation laid down by directly applicable European Union organic production and labelling regulations (1).
(2) A penalty may be imposed in respect of an offence:
(a) 100 000 CZK if the offence referred to in paragraph 1 (a), (b), (c) or (d) is committed;
(b) 50 000 CZK if the offence referred to in paragraph 1 (h), (i) or (j) is committed;
(c) 20 000 CZK if the offence referred to in paragraph 1 (e), (f), (g) or (k) is committed.
29) Article 23 of Council Regulation (EC) No 834 / 2007.
30) Article 32 (1) of Council Regulation (EC) No 834 / 2007.
31) Article 16 (1) of Council Regulation (EC) No 834 / 2007.
32) Articles 66, 72 and 76 of Commission Regulation (EC) No 889 / 2008.
33) Article 63 of Commission Regulation (EC) No 889 / 2008.
34) Article 11 of Council Regulation (EC) No 834 / 2007.
35) Articles 23 (1) and 24 (5) of Commission Regulation (EC) No 889 / 2008.
36) Article 17 (1) of Council Regulation (EC) No 834 / 2007. Article 36 to 38 of Commission Regulation (EC) No 889 / 2008.
37) Article 11 of Council Regulation (EC) No 834 / 2007. '
footnotes 38 to 59 are deleted.
42. The following Sections 33a and 33b are inserted after Section 33, including the headings and footnotes No 67 to 77:
Administrative offences against legal persons and business natural persons
(1) A natural person, legal or business, as a person engaged in organic farming, commits an administrative offence by:
(a) use seed or vegetative propagating material not obtained in an organic way, contrary to the directly applicable European Union rules governing organic production and labelling of organic products,
(b) does not keep records of organic production in accordance with the directly applicable European Union Regulation governing organic production and labelling of organic products 32),
(c) in contravention of the directly applicable European Union organic production regulation and labelling of organic products, it shall not process or maintain a description of the economic unit and records of the measures taken (33);
(d) as an environmental entrepreneur, shall not notify the Ministry of the fact referred to in Article 7 (1);
(e) uses chemically synthesised allopathic veterinary medicinal products or antibiotics in animal rearing in contravention of the directly applicable European Union organic production and labelling regulation (35);
(f) uses binding housing of animals contrary to the directly applicable European Union organic production regulation and labelling of organic products 68),
(g) in contravention of the directly applicable European Union organic production regulation and labelling of organic products, keeps the same type of farm animal in an organic and non-organic manner or cultivates in an organic and non-organic manner varieties which cannot be easily distinguished 34),
(h) do not provide animal housing conditions according to the directly applicable European Union organic production and labelling regulations (69);
(i) in contravention of the directly applicable European Union organic production regulation and labelling of organic products, it shall not ensure the unequivocal identification of bioproducts, biofoodstuffs or other bioproducts70 in storage;
(j) in contravention of the directly applicable European Union organic production regulation and labelling of organic products, it shall not separate the production of organic feed or food from other processed feed or food 71),
(k) failure to comply with the rules on the conversion to organic production in accordance with the directly applicable European Union rules governing organic production and labelling of organic products; 36),
(l) use, for the cultivation of plants, animal husbandry and organic food production, products and substances contrary to the directly applicable European Union rules governing organic production and labelling of organic products; 72),
(m) in contravention of the directly applicable European Union organic production regulation and the labelling of organic products, it shall not clearly divide the farm into an eco-farm and other operating units or retain land, animals and products intended for conventional production separately from land, animals and products used for organic production37);
(n) use genetically modified organisms or products derived from genetically modified organisms contrary to the directly applicable European Union organic production and labelling regulation (73); or
(o) fails to fulfil any other obligation laid down by directly applicable European Union organic production and labelling regulations (1).
(2) A natural person, whether legal or legal, commits an administrative offence by:
(a) use terms referring to organic production29 in contravention of the directly applicable European Union regulation governing organic production and labelling;
(b) imported from a third country and placed on the market as an organic product which does not comply with the requirements of the directly applicable European Union organic production and labelling regulation (30); or
(c) infringes the obligation imposed by a special measure under Paragraph 34 (1).
(3) The authorised person commits an administrative offence by:
(a) fails to comply with the information obligation under the directly applicable European Union organic production and labelling regulation (74);
(b) in contravention of the directly applicable European Union organic production regulation and the labelling of organic products, it does not carry out an objective, efficient and independent check (75);
(c) in contravention of the directly applicable European Union organic production regulation and labelling of organic products, it does not provide the Ministry with the necessary synergies in the exercise of its powers (76); or
(d) in contravention of the directly applicable European Union organic production regulation and the labelling of organic products at the first inspection, they shall not properly verify the overall description of the unit or activity and all measures taken for the person checked (77).
(4) A fine shall be imposed for the administrative offence:
(a) 1 000 000 CZK if it is an administrative offence as referred to in paragraph 2,
(b) CZK 250,000 if it is an administrative offence referred to in paragraph 1 (l), (m), (n) or (3);
(c) 100 000 CZK if the administrative offence referred to in paragraph 1 (i), (j) or (k),
(d) 70 000 CZK for administrative offences referred to in paragraph 1 (e), (f), (g) or (h);
(e) 20 000 CZK, if it is an administrative offence under paragraph 1 (a), (b), (c), (d) or (o).
Common provisions on administrative offences
(1) The legal person shall not be liable for an administrative offence if he proves that he has made every effort to prevent an infringement.
(2) In determining the amount of the fine to a legal person, account shall be taken of the seriousness of the administrative offence, in particular the manner in which it was committed, the duration of the fine, the consequences thereof and the circumstances in which it was committed.
(3) Liability for an administrative offence shall cease if the administrative authority has not initiated proceedings on it within 1 year of the date on which it became aware of it, but no later than 4 years after the administrative offence was committed.
(4) Administrative offences under this Act are dealt with by the Ministry at first instance.
(5) The provisions of this Act on liability and sanctions of a legal person shall apply to liability for acts which have taken place in or directly related to the business of a natural person.
(6) The fine shall be payable within 30 days of the date on which the decision to impose it became final.
67) Article 12 (1) (i) of Council Regulation (EC) No 834 / 2007. Article 45 of Commission Regulation (EC) No 889 / 2008.
68) Article 14 (1) (b) (6) of Council Regulation (EC) No 834 / 2007.
69) Article 14 (1) (b) (2) of Council Regulation (EC) No 834 / 2007. Article 10 to 15 of Commission Regulation (EC) No 889 / 2008.
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Regulation Information
| Citation | Act No. 344 / 2011 Coll., amending Act No. 242 / 2000 Coll., on Organic Agriculture and amending Act No. 368 / 1992 Coll., on Administrative Charges, as amended, as amended, and Act No. 634 / 2004 Coll., as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.11.2011 |
|---|---|
| Effective from | 01.01.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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