What is Act No. 364 / 2021 Coll.?

Act No. 364 / 2021 Coll., amending certain laws in connection with the implementation of European Union rules on invasive non-indigenous species — Law amending certain laws in connection with the implementation of European Union rules on invasive non-indigenous species.

When it became Act No. 364 / 2021 Coll. effectiveness?

Act No. 364 / 2021 Coll. became effective 01.01.2022.

Is Act No. 364 / 2021 Coll. still valid?

Yes, Act No. 364 / 2021 Coll. is still valid and effective.

How many times was it Act No. 364 / 2021 Coll. amended?

Act No. 364 / 2021 Coll. has 6 time versions of the text.

Act No. 364 / 2021 Coll. - Law amending certain laws in connection...

364

THE LAW

of 14 September 2021

amending certain laws in connection with the implementation of European Union rules on invasive non-indigenous species

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Nature and Landscape Conservation Act

Čl. I

Act No. 21 / 2015, Act No. 21 / 2015, Act No. 21 / 2016, Act No. 21 / 2016, Act No. 15 / 2015, Act No. 15 / 2015, Act No. 15 / 2015, Act No. 15 / 2015, Act No. 15 / 2015, Act No. 15 / 2015, Act No. 15 / 2015, Act No. 15 / 2015, Act No. 15 / 2015, Act No. 15 / 2015, Act No. 16 / 2009 Coll.

1. In Article 2, at the end of paragraph 2, the dot is replaced by a comma and the following points (l) and (m) are added:

"(l) prevention and control of introduction or introduction and spread into the countryside of invasive non-indigenous species of plants and animals (" invasive non-indigenous species ") following Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and control of the introduction or introduction and spread of invasive non-indigenous species (" Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council "),

(m) laying down conditions for the use of alien and locally absent species in aquaculture following Council Regulation (EC) No 708 / 2007 of 11 June 2007 concerning the use of alien and locally absent species in aquaculture, as amended, hereinafter referred to as "Council Regulation (EC) No 708 / 2007." '

2. in Article 3 (1) (b), the words "as defined in (h)" and the words "(f)" shall be inserted after the words "part of nature";

3. In Article 3 (1), the words "seeds or other stages of development and parts thereof 'shall be added at the end of the text in point (c).

4. In Part Two, under the heading of Part Two, the title and the title of Title One are inserted:

„HLAVA PRVNÍ

GENERAL TERRITORIAL AND SECOND PROTECTION OF NATURAL AND COUNTERPARTY, PROTECTION OF WOOD, FEATURES AND PALEONOLOGICAL FINES '.

5. In Paragraph 4 (3), "17 'is replaced by" 24'.

6. In Article 4, the following paragraph 4 is inserted after paragraph 3:

"(4) In the framework of the binding opinion referred to in paragraph 3, the nature conservation authority shall assess the interests protected under Parts Two to Five of this Act. The proposed use of non-indigenous species of timber within forest plans and forest economic curricula shall be assessed in such a way as to avoid damage to natural habitats at their natural site of distribution or to indigenous plant or animal species; in the case of blue larch and douglasky tisolista, their use in forests outside the territory protected under Part Three or Four of this Act shall be governed by other legislation21c. ';

Paragraph 4 shall become paragraph 5.

7. In Article 5 (2), the words "invasive non-indigenous species and non-indigenous species for which regulatory measures have been laid down in accordance with paragraph 6 shall not be inserted after the words" not applicable '.

8. In Article 5 (4), the words "geographically non-native species of a plant or animal 'are replaced by the words" non-native species'; at the end of the text of the first sentence, the words "if they are planted in a built-up territory of the municipality and when using selected non-native species laid down by a Government Regulation issued under the Fisher54) 'and the last sentence is replaced by the words" Validity of authorisation for the deliberate distribution of non-indigenous species to the landscape shall cease to exist by the inclusion of the relevant species on the Union list.';

Footnote 54 reads:

"54) § 12 (6) of Act No. 99 / 2004 Coll., as amended."

9. In Article 5 (5), the words "(the hybrid) 'shall be inserted after the word" animals' and the words "; this shall not apply to cross-breeds of plant species when planted in the established territory of the municipality 'shall be added at the end of the text of the paragraph.

10. Paragraph 5 (6), including footnote 55, reads:

"(6) The nature conservation authority may provide for measures to regulate non-indigenous species or cross-breeds, if this is necessary in view of local impacts on nature and landscape. The measures to regulate the non-indigenous species or cross-breeds shall also lay down the conditions for its implementation. The measures to regulate the non-indigenous species or cross-breeds are without prejudice to the measure provided for under another legislation (55).

55) For example, Act No. 289 / 1995 Coll., as amended, Act No. 449 / 2001 Coll., as amended, Act No. 149 / 2003 Coll., on the putting into circulation of forest reproductive material of forest important species and artificial cross-breeds, intended for forest renewal and afforestation, and on the modification of certain related laws (Act on trade in forest reproductive material), as amended, Act No. 99 / 2004 Coll., as amended, Act No. 326 / 2004 Coll., on plant health and amending certain related laws, as amended. '

11. in Article 5, the following paragraphs 7 to 9 are inserted after paragraph 6, including footnote 56:

"(7) For the purposes of the authorisation referred to in paragraph 4 or 5, or of the provision of measures to regulate non-originating species or cross-breeds referred to in paragraph 6, the nature conservation authority shall seek a binding opinion from the competent authority under another legislature56, where the authorisation or measure provided for may be affected by interests in forestry, hunting or fishing.

(8) The arrangements for the control of non-originating species or cross-breeds referred to in paragraph 6 shall be carried out in the course of the routine care of the plot by its tenant or other user, the user of the hunt or fishing area (hereinafter referred to as the "user of the plot '). In the absence of such a user of the land, the owner of the land shall be responsible for the implementation of the control measures of the non-indigenous species or of the hybrid referred to in paragraph 6. If the user of the land, or its owner, fails to implement the measures to regulate the non-originating species or cross-breeds referred to in paragraph 6, if he does not carry out them in accordance with the conditions laid down, if he is unable to ensure that such measures are implemented, if he cannot reasonably request or require that such measures be implemented in excess of the normal treatment of the land, the nature conservation authority may ensure that such measures are implemented; Paragraph 68 (4) shall apply mutatis mutandis.

(9) Where the implementation of a measure to regulate a non-indigenous species or a hybrid as referred to in paragraph 6 requires an activity in excess of the normal care of the land, the nature authority may, in order to ensure the implementation of the measure to regulate a non-indigenous species or a hybrid as referred to in paragraph 6, conclude a written agreement with the owner of the land or, where appropriate, its owner, pursuant to Article 68 (2).

56) Act No. 289 / 1995 Coll., as amended. Act No. 449 / 2001 Coll., as amended. Act No. 99 / 2004 Coll., as amended. '

Paragraphs 7 to 11 shall be renumbered paragraphs 10 to 14.

12. in Article 5 (13), "8" is replaced by "12."

13. in Article 5b (4), the words "Ministry of the Environment" shall be replaced by the words "body of nature" and the last sentence shall be deleted;

14. In Article 5b, at the end of the text of paragraph 5, the words "by means of a generic protection register 'are added.

15. in Article 7, the following paragraph 2 is inserted after paragraph 1, including footnote 57:

"(2) The protection referred to in paragraph 1 shall not apply to non-indigenous species of timber when implementing measures to regulate them pursuant to Article 5 (6) and to invasive non-indigenous species during felling and other interventions necessary to prevent or restrict their spread under Article 13d to 13l. Furthermore, the protection provided for in paragraph 1 shall not apply to cases of felling carried out in the context of official measures or exceptional plant health measures to prevent the spread or extinction of harmful plant organisms under the Plant Health Act 57).

57) Sections 75 and 76 of Act No. 326 / 2004 Coll., as amended. '

Paragraph 2 shall become paragraph 3.

16. In Paragraph 13 (1), the words "by their decision 'are replaced by the words" by measures of a general nature' and the words "by decisions' are replaced by the words" by measures of a general nature '.

17. In Part Two, the following Title 2 is inserted after the title, including the title and footnotes No 58 to 60:

„HLAVA DRUHÁ

USE OF FOREIGN AND LOCAL INNOVATION SPECIES IN ACQUACULTURE AND PROTECTION OF NATURAL AND COUNTRIES BEFORE INVESTMENT NON-ORIGINATING SPECIES

Díl 1

Use of alien and locally absent species in aquaculture

§ 13a

(1) The application referred to in Article 6 of Council Regulation (EC) No 708 / 2007 for authorisation to move alien or locally absent species ("movement") shall be submitted by the applicant to the Nature Protection Authority.

(2) For the purposes of issuing a transfer permit, the nature conservation authority shall request the application referred to in paragraph 1:

(a) the observations referred to in Articles 6 (2) and 7 of Council Regulation (EC) No 708 / 2007 from the Joint Interministerial Commission on non-indigenous and invasive non-indigenous species (the Joint Commission),

(b) an opinion on the duration of the monitoring period referred to in Article 18 (2) of Council Regulation (EC) No 708 / 2007 from the Joint Commission; and

(c) a binding opinion from the Regional Veterinary Administration and the Central Audit and Examination Institute on whether the requirements of Article 13 or 19 of Council Regulation (EC) No 708 / 2007 are met in view of its compliance with other legislation58).

(3) In the event of exceptional movements, the nature conservation authority shall set a time limit within which the applicant is required to submit an environmental risk assessment prepared in accordance with Article 9 (1) of Regulation (EC) No 708 / 2007. The costs of the environmental risk assessment shall be borne by the applicant. For the submitted environmental risk assessment, the nature protection authority shall request the opinion of the Joint Commission on the risk to the environment prepared in accordance with Annex II to Council Regulation (EC) No 708 / 2007. Where the risk associated with the proposed exceptional movement is based on the opinion of a joint commission of medium or high, the joint committee shall propose measures to mitigate it. The proposed risk mitigation measures shall be laid down by the Nature Protection Authority as a condition for authorising exceptional movements. Pending the submission of the environmental risk assessment and the statement of the Joint Commission, the nature conservation authority may suspend the application procedure.

(4) The Nature Protection Authority shall decide, on the basis of a binding opinion from the Regional Veterinary Administration or the Central Audit and Examination Institute of the Agricultural Institute referred to in paragraph 2 (c), to carry out the experimental release. In the decision to carry out the experimental release, the nature conservation authority shall determine the duration of the monitoring in accordance with Article 18 (1) of Council Regulation (EC) No 708 / 2007 and designate the person responsible for the monitoring. The permit for movement shall be decided by the nature conservation authority on the basis of the results of the experimental release. The opinion of the Joint Commission referred to in Article 18 (3) of Council Regulation (EC) No 708 / 2007, which shall be published by means of the generic protection register, shall also be the basis for the decision of the nature authority.

(5) The nature conservation authority may also decide to carry out the experimental release on the basis of the opinion of the Joint Commission, provided that it is not contrary to the binding opinion of the Regional Veterinary Administration or the Central Control and Examination Institute of Agricultural.

(6) In the decision to carry out the experimental release or to authorise the exceptional movement, the nature conservation authority shall determine the duration of the quarantine. The placing in quarantine of a foreign or locally absent species in aquaculture may also be imposed by the nature conservation authority as a condition of authorisation in the case of routine movements in accordance with Article 8 of Council Regulation (EC) No 708 / 2007, on the basis of the opinion of the Joint Commission.

(7) In the case of exceptional movements and experimental deletion, the applicant shall also submit to the nature conservation authority for approval an contingency plan prepared in accordance with Article 17 of Council Regulation (EC) No 708 / 2007. The opinion on the approval of the contingency plan shall form part of the authorisation for the exceptional movement and the decision to carry out the experimental release. The Ministry of the Environment shall determine the formalities and manner in which the contingency plan is to be processed by means of implementing legislation.

§ 13b

(1) The nature conservation authority shall decide on the application within the time limit referred to in Article 10 (1) of Council Regulation (EC) No 708 / 2007.

(2) In the case of a movement with a possible impact on the neighbouring Member State of the European Union which, on the basis of the binding opinion of the Regional Veterinary Administration and the Central Control and Examination Institute of Agricultural Affairs referred to in Article 13a (2) (c) and the statement of the Joint Commission, may be authorised, the Nature Protection Authority shall forward a request for a decision to the Ministry of the Environment, which shall ensure that the proposed movement is discussed with the competent authorities of the Member States of the European Union concerned and the Commission in accordance with the procedure referred to in Article 11 of Council Regulation (EC) No 708 / 2007. The Ministry of the Environment shall suspend the application procedure until the Commission has expressed its views.

§ 13c

(1) The implementation of the measures against the adverse effects of the movement referred to in Article 4 (1) of Council Regulation (EC) No 708 / 2007 shall be ensured by those using alien or locally absent species in aquaculture. If they do not do so, the nature conservation authority shall call on it to remedy it and, if necessary, impose a decision on the implementation of the measures.

(2) Where the facts referred to in Article 12 of Council Regulation (EC) No 708 / 2007 arise, the nature conservation authority shall revoke the permit issued.

(3) For the purposes of the decision referred to in paragraph 1 or 2, the nature conservation authority shall seek a binding opinion from the State Fisheries Authority under the Fisheries Act (59).

(4) The validity of the movement permit shall cease to be valid by including the relevant foreign or locally absent species in aquaculture on the Union list.

Díl 2

Protection of nature and landscape from invasive non-indigenous species

§ 13d

Use of invasive non-indigenous species on the Union list

(1) Authorisation for the use of invasive non-indigenous species having a significant impact on the European Union, which has been included in the Union list ("invasive non-indigenous species on the Union list"), pursuant to Article 8 (1) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council, shall be issued by the Nature Protection Authority upon request. The application shall show that the activity for which the authorisation is to be issued complies with the conditions set out in Article 8 (2) and (3) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council. In accordance with Article 8 (2) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council, the nature conservation authority shall determine in the authorisation the conditions for the use of invasive non-indigenous species; a statement on the approval of the contingency plan is also included in the authorisation. The Ministry of the Environment shall determine the formalities and manner in which the contingency plan is to be processed by means of implementing legislation.

(2) Authorisation for the use of invasive non-indigenous species on the Union list may also be granted to establishments using invasive non-indigenous species on the Union list for scientific production and subsequent treatment purposes within the meaning of Article 8 (1) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council.

(3) The nature conservation authority shall seek a binding opinion from the Regional Veterinary Administration or the Central Control and Examination Institute of Agriculture on the request for compliance with the conditions referred to in Article 8 (2) and (3) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council.

(4) In the cases referred to in Article 9 (1) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council, the application must contain all the information required under Article 9 (4) of this Regulation. Where reasons are given and the conditions referred to in Article 9 (1) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council are met, the nature conservation authority shall submit to the Commission an application for authorisation to carry out activities not referred to in Article 8 (1) of this Regulation. No authorisation may be granted by the Commission pursuant to Article 9 (1) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council. Pending authorisation by the Commission, the nature conservation authority shall suspend the application procedure. The decision rejecting an application for authorisation pursuant to Article 9 (1) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council on the grounds that no authorisation has been granted by the Commission shall not constitute an appeal under the administrative rules.

(5) Where the nature conservation authority is informed of the facts referred to in Article 8 (5) of Regulation (EU) No 1143 / 2014, it may revoke the authorisation.

(6) The nature conservation authority shall be authorised to carry out ongoing checks on an installation in which the exploitation of an invasive non-indigenous species takes place on the basis of an authorisation issued or on the basis of Article 31 or 32 of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council, with regard to compliance with the conditions laid down in this Regulation or with the authorisation issued.

(7) The official controls provided for in Article 15 (2) and (3) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council are carried out by the customs authorities of the Czech Republic, the Regional Veterinary Administration and the Central Audit and Examination Institute of the Agricultural Institute; information on the results of official controls shall be transmitted to the generic protection register.

§ 13e

Emergency measures

(1) In the cases referred to in Article 10 (1) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council, the Government shall establish, amend and repeal emergency measures by means of a regulation. In the Regulation, the Government shall determine which of the restrictions referred to in Article 7 (1) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council are to be applied, applied, and to what extent, against an invasive non-indigenous species the presence of which has been detected in the territory of the Czech Republic or the introduction or introduction of which is imminent in the territory of the Czech Republic. The Committee shall be responsible for establishing, amending or repealing emergency measures.

(2) Ministry of the Environment

(a) provide the Commission and the other Member States of the European Union with information on the emergency measures taken in the cases referred to in Article 10 (2) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council; and

(b) ensure that a risk assessment is carried out in accordance with Article 10 (3) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council.

§ 13f

Monitoring the occurrence and distribution of invasive alien species

(1) Monitoring of invasive non-indigenous species and evaluation of the extent of their spread within the territory of the Czech Republic are provided by the Agency for the Protection of the Nature and Landscape of the Czech Republic (hereinafter referred to as the Agency). If the authorities of a state administration or a delegated person under the Forest Act (60) are aware of the occurrence of an invasive non-indigenous species in their activity, they shall inform the Agency without undue delay. The Agency, in cooperation with other nature conservation bodies, also collects information on the occurrence of invasive non-indigenous species from professional institutions and the public. The Agency shall publish on its website information on the occurrence and spread of invasive non-indigenous species.

(2) The Ministry of the Environment, in cooperation with other central authorities of the state administration, will provide an analysis of the ways of spreading invasive non-indigenous species on the Union list in the Czech Republic. In accordance with Article 13 (2) and (4) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council, and in accordance with Article 13 (5) of Regulation (EU) No 1143 / 2014, the Ministry of the Environment shall subsequently update, in cooperation with the other central authorities concerned, an action plan aimed at the dissemination of invasive non-indigenous species on the Union list ("the Action Plan '). The basis for the preparation of the action plan is the expert statement of the Joint Commission. The government approves the action plan. The approved action plan shall be sent by the Ministry of the Environment without undue delay to the Commission.

§ 13g

Measures for early detection of invasive alien species on the Union list

(1) The Ministry of the Environment shall provide the Commission and the other Member States of the European Union with the information referred to in Article 16 (2) of Regulation (EU) No 1143 / 2014 without undue delay if the introduction, introduction, introduction or presence of invasive non-indigenous species on the Union list is detected in the Czech Republic in a timely manner. The Ministry of the Environment shall also inform the Commission and the other Member States of the European Union if there is a serious risk of invading non-indigenous species on the Union list, which is present in the Czech Republic, to spread to the territory of another Member State of the European Union.

(2) The Ministry of the Environment, in accordance with Article 17 (1) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council, provides, by decision or measures of a general nature, for measures to eliminate invasive non-indigenous species on the Union list of which the introduction, introduction or occurrence of which has been detected in a timely manner. Under the conditions referred to in Article 18 (1) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council, the Ministry of the Environment may provide that measures to eliminate invasive non-indigenous species on the Union list, the presence of which has been detected in the Czech Republic on time, shall not be applied; In that case, it shall determine the isolation measures to be taken. The Ministry of the Environment shall inform the Commission of its progress without undue delay.

§ 13h

Regulation of extensively extended invasive alien species on the Union list

(1) In order to regulate an invasive non-indigenous species on the Union list, which is widely extended in the Czech Republic, the Ministry of the Environment will develop the principles of regulation of a well-extended invasive non-indigenous species on the Union list (hereinafter the "regulatory principles'). The basis for the processing of regulatory principles is the technical expression of the Joint Commission. The regulatory principles shall include the establishment of regulatory procedures and the definition of priority areas in which regulation is required with regard to the occurrence and spread of invasive non-indigenous species on the Union list of particular urgency. The regulatory principles shall be updated on the basis of the results of the monitoring referred to in Article 13f (1), available knowledge of the regulatory arrangements or in the context of changes to the Union list.

(2) The closer conditions for the application of the regulatory principles shall be laid down by a general measure within the scope of its territorial competence. In a measure of a general nature, the nature conservation authority shall, in particular, specify the priorities of the regulatory procedure under the conditions of the territory, the individual measures to regulate the widely widespread invasive non-indigenous species on the Union list and, if necessary, the deadlines for their implementation.

(3) The commercial exploitation of a well-extended invasive non-indigenous species on the Union list is only possible on the basis of the authorisation of the Nature Protection Authority and subject to the conditions laid down in Article 19 (2) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council. In the application for authorisation, the applicant shall indicate the method of the proposed use and measures to prevent the spread of this invasive non-indigenous species on the Union list at all stages of its handling.

§ 13i

Compensation

The costs incurred by the nature conservation authority for the measures necessary to prevent, minimise or mitigate adverse impacts on the environment, health or property arising from the leakage and free distribution of invasive non-indigenous species caused by the breach of the obligation laid down in Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council or by this Act, including the cost of recovery of damaged ecosystems, shall be reimbursed to the competent nature conservation authority by the person who has infringed the obligation. The amount of compensation shall be determined by decision of the Nature Protection Authority.

Common provisions on invasive non-indigenous species

§ 13j

(1) For the purposes of issuing an authorisation for the use of invasive non-indigenous species on the Union list referred to in Article 8 (1) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council, where the authorisation may affect the interests of forestry, hunting or fishing, a binding opinion of the competent authority of the State shall be sought on the application received under another legislature56). Where a measure of a general nature pursuant to Article 13h (2) may be affected by interests in the forestry, hunting or fishing sector, the competent authority of the State administration under another legislature56 shall be the authority concerned to discuss the draft measure of a general nature.

(2) The owner or holder of an individual of an invasive non-indigenous species of an animal on the Union list is required, for the purpose of demonstrating that it was already held on the Union list prior to the inclusion of that species, to register that individual by means of a species protection register. Registration shall be carried out within 1 year of the date of inclusion of the species in the Union list.

(3) The owner or holder of an individual of an invasive non-indigenous species on the Union list for which a prohibition on holding or rearing such species has been established is entitled to place it in an establishment designated by the Ministry of the Environment. By placing in an establishment, the property rights to an individual of an invasive non-indigenous species of an animal on the Union list shall pass on to the establishment.

(4) The measures for the removal or isolation of invasive non-indigenous species on the Union list referred to in Article 13g (2) and for the control of the significantly widespread invasive non-indigenous species on the Union list referred to in Article 13h (2) shall be carried out by the land user in the course of routine land management. If there is no such user of the land, the owner of the land shall be responsible for implementing these measures. If the user of the land, or its owner, does not carry out such measures, if they do not carry out them in accordance with the conditions laid down, if he is unable to ensure that these measures are implemented, if he cannot reasonably demand or require that such measures be implemented in excess of the normal treatment of the land, the nature conservation authority may ensure that such measures are implemented; Paragraph 68 (4) shall apply mutatis mutandis.

(5) Where the implementation of measures to eliminate or isolate invasive non-indigenous species on the Union list referred to in Article 13g (2) and measures to regulate the widespread invasive non-indigenous species on the Union list referred to in Article 13h (2) requires an activity in excess of the normal care of the land, the nature conservation authority may, in order to ensure that such measures are implemented, enter into a written agreement with the owner of the land or its owner, as provided for in Article 68 (2).

(6) Following the implementation of measures to eliminate or isolate an invasive non-indigenous species on the Union list referred to in Article 13g (2), measures to regulate a significantly extended invasive non-indigenous species on the Union list referred to in Article 13h (2), or other provision of an invasive non-indigenous species, the owner or user of the land shall be required to proceed so as not to re-expand it. The nature conservation authority may, where appropriate, invite the owner or user of the land to ensure, by itself or in cooperation with the nature conservation authority, the implementation of measures to restore the ecosystems concerned pursuant to Article 20 (2) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council; in order to implement these measures, the Nature Protection Authority may conclude a written agreement with the owner or user of the land pursuant to Paragraph 68 (2). An individual of an invading non-indigenous species that has been caught or otherwise taken from nature and landscape cannot be reintroduced or used in a manner that would lead to the re-spread of an invasive non-indigenous species.

§ 13k

(1) The draft action plan and regulatory principles are published by the Ministry of the Environment on its official record. Each person may submit written comments on the draft action plan or regulatory principles to the Ministry of the Environment. The deadline for sending comments shall be 60 days from the date of publication of the draft action plan or regulatory principles on the official plate of the Ministry of Environment; comments sent after the deadline shall not be taken into account. The Ministry of the Environment shall publish an evaluation of the comments sent on its website; where the comment has not been complied with, it shall also disclose the reason.

(2) Information on the websites of the municipalities and regions concerned and in the usual manner at the place shall be published on:

(a) early detection of introduction, introduction or occurrence of invasive non-indigenous species on the Union list;

(b) the measures to be taken to eliminate or isolate an invasive non-indigenous species on the Union list, the introduction, introduction or presence of which has been detected in due time, in accordance with Article 13g (2);

(c) the publication of general measures laying down detailed conditions for the application of the regulatory principles; and

(d) measures to regulate invasive non-indigenous species on the Union list, which is widely extended in the Czech Republic, pursuant to § 13h (2).

§ 13l

(1) In cases where the Czech Republic will be invited to cooperate on invasive non-indigenous species included in the national list of invasive non-indigenous species of a Member State of the European Union and designated by that Member State as requiring enhanced regional cooperation pursuant to Article 11 (1) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council, the Government of the Member State shall, by Regulation, establish this species as an invasive non-indigenous species requiring regional cooperation. The Government may specify in the Regulation which of the restrictions referred to in Article 7 (1) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council are to be applied and to what extent and against this invasive non-indigenous species.

(2) Paragraphs 13f to 13h apply mutatis mutandis to:

(a) invasive non-indigenous species requiring regional cooperation as provided for in the Government Regulation referred to in paragraph 1; and

(b) an invasive non-indigenous species to be designated by the Commission by an implementing act adopted pursuant to Article 11 (2) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council.

(3) Paragraph 13f shall apply mutatis mutandis to species which:

(a) in the territory of the Czech Republic, the original,

(b) included in the national list of invasive alien species of a Member State of the European Union; and

(c) designated by the Member State of the European Union referred to in point (b) as a species requiring enhanced regional cooperation pursuant to Article 11 (1) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council.

58) Act No. 166 / 1999 Coll., on Veterinary Care and amending certain related laws (Veterinary Act), as amended. Act No. 326 / 2004 Coll., as amended.

59) Act No. 99 / 2004 Coll., as amended.

60) § 28a of Act No. 289 / 1995 Coll., as amended. '

18. in Articles 16 (1) (f), 18a (1) (a), 26 (1) (d), 29 (e) and 34 (1) (d), the word "geographically" shall be deleted;

19. in Paragraph 18a (1) (a), the words "and foreign and locally absent species in aquaculture" shall be added at the end of the text of the letter.

20. In Articles 26 (1) (d), 29 (e) and 34 (1) (d), the words "and foreign and locally absent species in aquaculture" shall be added at the end of the text.

21. In Paragraph 42 (2), the words "in the presence of an authorised official or" and the second sentence shall be deleted.

22. Paragraph 42 (3), including footnote 16, is deleted.

Paragraphs 4 and 5 shall be renumbered paragraphs 3 and 4.

23. in Paragraph 45c (2), the word "stricter" shall be inserted after the words "if they do not pay for them."

24. in Article 45f (1) and Article 79 (3) (b), the number "7" is replaced by "10."

25. in § 45h (2), the text "§ 4 (4)" is replaced by "§ 4 (5)";

26. In Paragraph 50, the following paragraph 5 is inserted after paragraph 4:

"(5) The ban on possession and transport does not apply to dead individuals of a particularly protected species of animal, part or product thereof imported into the Czech Republic, provided that the holder proves the legal origin of the individual in accordance with Section 54 (1) of this Act. These prohibitions shall also not apply to dead animals of a specially protected species collected from nature in the Czech Republic before the date of accession to the European Union, provided that the holder proves the legal origin of the individual in accordance with the legislation in force at the time of its acquisition. '

Paragraphs 5 and 6 shall become paragraphs 6 and 7.

27. In Paragraph 61 (1), at the end of the second sentence, the words "on the basis of a certificate of pre-purchase law issued by the Ministry of the Environment and listing the parcels indicated by the cadastral data for which the Czech Republic has pre-purchase right, by individual cadastral territory and the reason for the pre-sale right 'shall be added.

28. In Paragraph 66, the following paragraph 3 is added:

"(3) The nature conservation authority may, in a specially protected territory, with the exception of national parks, in the protection zone of a specially protected territory, a European site or bird region, or in parts thereof, by decision or measures of a general nature, restrict or prohibit the execution of fireworks or the use of fireworks on the grounds of allowing the undisturbed development of ecosystems or their constituents or biotopes which are sensitive and vulnerable to the effects of the disruptive effects associated with these activities. ';

29. After Paragraph 72, the following Sections 72a to 72d are inserted:

"Registration of protected territories in the basic register of territorial identification, addresses and real estate

§ 72a

(1) The territorial elements on which data are kept in the basic register of territorial identification, addresses and real estate ("the register of territorial identification") are:

(a) specially protected territories;

(b) nature conservation zones for national parks;

(c) tiered nature conservation zones for protected landscape areas;

(d) the rest of the national parks;

(e) protection zones of specially protected territories;

(f) European sites;

(g) bird areas;

(h) memorable trees;

(i) conservation zones for conservation trees;

(j) contractually protected territories;

k) contractually protected memorable trees.

(2) The Agency shall be the data editor of the special-purpose territorial elements referred to in paragraph 1.

§ 72b

(1) The territorial identification register of the specially protected territory shall include:

(a) the identification data which are:

1. the code which is specifically assigned to the protected territory in the territorial identification register,

2. the name and registration number of the specially protected territory under which it is kept in the central list;

(b) location data, which are the boundaries and demarcation point of the specially protected territory;

(c) details of links to other territorial elements;

(d) details of the legislation to which the protected territory has been declared.

(2) Nature conservation zones of the national park shall be kept in the register of territorial identification:

(a) the identification data which are:

1. the code assigned to the national park nature conservation zones in the territorial identification register;

2. the name and registration number of the national park under whose protection zone the national park is kept in the central list;

(b) location data, which are the boundaries and demarcation point of the nature conservation zones of the national park;

(c) details of links to other territorial elements;

(d) details of the legislation by which the conservation zones of the national park have been declared.

(3) The zones of tiered conservation of nature of the protected landscape area shall be kept in the register of territorial identification:

(a) the identification data which are:

1. the code which is assigned in the register of territorial identification to tiered nature conservation zones of the protected landscape area,

2. the name and registration number of the protected landscape area whose tiered protection zones are under which the protected landscape area is kept in the central list;

(b) location data, which are the boundaries and demarcation point of the tiered nature conservation zones of the protected landscape area;

(c) details of links to other territorial elements;

(d) details of the legislation by which the tiered nature conservation zones of the protected landscape area have been declared.

(4) The resting area of the national park shall be kept in the register of territorial identification:

(a) the identification data which are:

1. the code assigned to the resting area of the national park in the territorial identification register;

2. the name and registration number of the national park under whose resting area the national park is kept in the central list;

(b) localisation data, which are the boundaries and defining point of the resting area of the national park;

(c) details of links to other territorial elements;

Citation	Act No. 364 / 2021 Coll., amending certain laws in connection with the implementation of European Union rules on invasive non-indigenous species
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	08.10.2021
Effective from	01.01.2022
Effective until	-
Status	Valid

Act No. 364 / 2021 Coll.

Law amending certain laws in connection with the implementation of European Union rules on invasive non-indigenous species

Contents

ČÁST PRVNÍ

Čl. I

„HLAVA PRVNÍ

„HLAVA DRUHÁ

Díl 1

§ 13a

§ 13b

§ 13c

Díl 2

§ 13d

§ 13e

§ 13f

§ 13g

§ 13h

§ 13i

§ 13j

§ 13k

§ 13l

§ 72a

§ 72b

Contents

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Regulation Information

Public Contracts 2

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