Decree No. 369 / 2009 Coll.
Ordonnance on the details of the marketing of seed and seed of cultivated plants
Valid
Order
Effective from 30.10.2009
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369
DECLARATION
of 20 October 2009
on the details of the putting into circulation of seed and planting plants
The Ministry of Agriculture shall determine, pursuant to § 3 (10), § 3a (4) and (11), § 3b (7), § 4 (7) and § 5 (9), § 6 (10), § 6a (7), § 7 (6), § 16 (11), § 18 (12), § 11 (3), § 12 (9), § 13 (6), § 14 (6), § 15 (6), § 15 (6) and § 22 (10) Coll., on the marketing of seeds and seedlings and on the amendment of certain laws (Article 18 (12) and (15) (15), as amended by Act No 444 / 2005 Coll., Act No 178 / 2006 Coll.
Subject matter
This decree implements the relevant provisions of the European Community1) and provides for details of the marketing of seed and planting plants.
Requirements for the putting into circulation of propagating material
(Articles 3 (2), 5 to 8 and 11, 7 (6) and 15 (6) of the Act)
(1) The requirements for the characteristics of propagating material put into circulation under Section 3 (2) of the Act are set out in Sections 2 and 3 of Annex No 1 to this Decree for each species.
(2) Reproduction material put into circulation pursuant to Article 3 (2) of the Act must not contain the ingredient genetically modified plants. A maximum statistical tolerance of 0,1% is permitted for the result of the control test. The seed of genetically modified plants of varieties registered or registered in the common catalogue of varieties shall be assessed in accordance with the purity rules of the variety.
(3) The limit values for the presence of harmful organisms are set out in Parts V, 3, 3 to 6 and 8 of this Decree.
(4) Specifications of the categories of propagating material and the maximum number of generations allowed
(a) pre-stage propagating material also manufactured from pre-stage propagating material;
(b) basic propagating material manufactured from basic propagating material;
(c) certified propagating material manufactured from certified propagating material;
are listed for each species in Parts II of Annexes 1 to 8 to this Regulation.
Placing in circulation seed of varieties not officially registered
(K § 3a (4), (7) and (11) of the Act)
(1) The quantity of seed of an officially unregistered variety authorised for one variety may not exceed a fixed percentage of the quantity of seed of that agricultural species used annually for sowing on agricultural land in the Czech Republic, which is:
(a) 0,3% for wheat, spelt, barley, oats, peas and field beans;
(b) 0,05% for durum wheat,
(c) 0,1% for other species except vegetable species.
(2) If the quantities referred to in paragraph 1 are not sufficient for sowing to an area of 10 ha, the quantity necessary for sowing shall be authorised.
(3) No quantity is fixed for vegetable seed.
(4) The seed of the varieties not officially entered into circulation shall comply with the characteristics of the certified propagating material listed in Sections V, 2, Annexes 1 to 6 and 8 to this Order and in Part V of Annex 7 thereto.
(5) The application for authorisation or renewal of the authorisation to put into circulation seed of an officially unregistered variety shall be submitted on a form the specimen of which appears in Annex 9 to this Order. The application for renewal shall be accompanied by the following documents:
(a) a copy of the original authorisation;
(b) further information to describe the variety, the maintenance of the variety, the cultivation or use of the variety which was not part of the original authorisation;
(c) proof that tests are still under way to register the variety.
(6) The central control and testing institute of agriculture (hereinafter referred to as the "Institute") controls the quantity and quality of seed put into circulation in accordance with Section 3a of the Act and its use. The inspection shall also include checking the labelling by the prescribed labels.
Placing in circulation seed of conservation varieties
(K § 3b (7) of the Act)
(1) The quantity of seed to be kept for the conservation of the variety in its region of origin pursuant to Article 3b (2) of the Act is that quantity which is required to produce at least the quantity of seed referred to in paragraphs 2 and 4.
(2) The quantity of seed of each conservation variety of agricultural species put into circulation shall not exceed the following percentages of seed of the same species used in the Czech Republic during a single growing season, or shall not exceed the quantity needed to sown 100 hectares, whichever is greater. The percentages shall be as follows:
(a) 0,3% for field peas, wheat seed, durum wheat, spelt, barley, maize, potatoes, rape and sunflower;
(b) 0,5% for other species.
(3) The total quantity of seed of all conservation varieties of one species for agricultural species which may be put into circulation in the Czech Republic may not exceed 10% of the quantity of seed of the same species used in the Czech Republic during one year or exceed the quantity needed to sown the area of 100 hectares, whichever is greater.
(4) The quantity of seed of each conservation variety of vegetable species put into circulation per year may not exceed the quantity of seed required for vegetable production per area
(a) 40 hectares for onions, echalion, broccoli, kale, Brussels sprouts, Brussels sprouts, kohlrabi, cauliflowers, sauerkraut, red cabbage, turnip grenadier, kohlrabi, paprika, head chicory, chicory for pucks, industrial chicory, sugar melon, large fruit gourd, cardoon, carrots, hearth carrot, lettuce, tomato, basil, common shrub bean, wood peas, round peas, sugar peas, field beans,
(b) 20 hectares for shallots, leeks, garlic, salad beet, chard, watermelon, cucumber, pickling cucumber, gourd, fennel, eggplant, spinach, or
(c) 10 hectares for onions, fillet, chervil, celery, celery, celery, asparagus, curled endives, escariol, parsley, quail, radish, radish, radish, radish, rind, black root, lamb's lettuce, sweetcorn and pecan maize.
(5) The Institute shall carry out a follow-up check on the varietal identity and purity of the seed of the conservation variety put into circulation by a growing test to the extent of at least 5%.
Placing in circulation seed of varieties developed for cultivation under special conditions
(1) The maximum net weight of the small package shall be:
(a) 250 grams for scarlet beans, shrub beans, wood peas, round peas, sugar peas, garden peas, spinach, sweetcorn, pecan maize,
(b) 25 grams for onions, echalion, shallot, onion, leek, garlic, kerbil, beetroot, chard, vodka, Chinese cabbage, cucumber, cucumber, cucumber, turnip, gourd, carrots, carrots, fodder, salad, parsley, radish, radish, radish, black root, goat lettuce, or
(c) 5 grams for celeriac, celeriac, celery, asparagus, broccoli, kale, Brussels sprouts, Brussels sprouts, kohlrabi, cauliflower, head cabbage, red cabbage, red cabbage, paprika, curled endives, escariol, chicory, chicory for pucks, industrial chicory, watermelon, sweetcorn, artichoke, carada, tomato, fennel, rice and eggplant.
(2) The Institute shall carry out a subsequent check of the varietal identity and varietal purity of seed of a variety developed for cultivation under specific conditions put into circulation by a growing test to the extent of at least 5%.
Recognition procedure
(K § 4 (7), § 5 (9) and § 7 (6) of the Act)
(1) Applications for the recognition of propagation crops and seeds shall be submitted on forms the models of which are set out in Annex 9 to this Order.
(2) The application for recognition of the crop shall be submitted annually:
(a) by 31 March for:
1. the winter forms of the agricultural species Brassica (excluding rape),
2. winter cereals - barley, wheat, rye, triticale,
3. Winches of winter,
4. clover and grass of the first axe (except one-year-old clay),
5. lettuce and spinach in autumn,
(b) by 30 April for:
1. field and garden peas,
2. spring forms of oil seeds,
3. tomato, radish, radish, salad, spinach in spring, seeds of two-year-old vegetables, seed of winter kale, Peking cabbage,
4. fast vegetables - seeds,
(c) until 10 May for:
1. spring cereals, bundles,
2. field beans, virgin vetches, seeded vetches, hairy vetches,
3. seeds of seeds of copanin,
4.
5. anise, fennel, cumin, coriander,
6. broccoli, onion seed, garlic, spear, cauliflower, cucumbers, parsnips and greenhouses, goat lettuce, cress,
(d) by 20 May for:
1. potatoes,
2. One-year-old clay,
3. Corn, millet, heathen,
(e) until 10 June for:
1. field and garden beans, lupin, soya, sunflower,
2. clover of nacho seed in spring, grass from second blade, one-year fodder,
3rd eggplant, marjoram, field cucumbers, paprika, patizons, tomatoes, gravel, gourd, melon,
(f) until 20 June for second-cut clover;
(g) until 20 August for onions, seedlings of other vegetables and seed copanins,
(h) until 30 September for winter rape;
(i) until 30 November for pregrown sugar beet crops.
(3) Where the cultivation technology or the climatic conditions of the habitat require the inspection to be carried out within a different period than usual, the supplier shall submit an application for recognition of the propagation crop no later than 1 month before the expected date of the exhibition.
(4) The models of the applications and documents issued by the Constitution or by the authorised person are set out in Annexes 9 and 10 thereto.
Recognition of seed harvested in another Member State or in a third country which has been granted equivalence for that species
(Paragraph 4 (10), (13) and (14) of the Act)
(1) When certification of seed which has been harvested in another Member State or in a third country which has been granted equivalence for that species, the Institute shall verify that a seed inspection has been carried out which complies with the requirements laid down in European Community rules by submitting an official document for seed with an uncompleted certification, which shall contain data comparable to those provided for in Article 9 (1) of this Regulation.
(2) In the case of seed harvested in another Member State or in a third country which has been granted equivalence for that species, official examinations shall verify that it complies with the seed characteristics requirements set out in Parts V of Annexes 1 to 6 and 8 thereto.
(3) The seed of agricultural species and vegetables with the exception of potatoes may be recognised in the categories of basic propagating material and certified propagating material and in the categories of certified propagating material only in the category of certified propagating material under Section 4 (13) of the Act.
Recognition of crops
(Articles 5 (1), 5 and 9 and 7 (6) of the Law)
(1) In order to verify the origin of propagating material pursuant to Section 5 (1) (i) of the Act, the supplier shall, when applying for the recognition of the propagation crop:
(a) proof of certification of seed used for the establishment of the crop, including seed from another Member State; or
(b) for multi-annual species in the second and, where appropriate, in the following year:
1. proof of recognition of the crop from the previous growing season; or
2. proof of non-recognition of the propagation crop from the previous growing season, provided that the reason for non-recognition of the propagation crop was not that the variety was authentic or pure;
(c) an internationally valid document or, where applicable, an opinion of the Institute, issued on the basis of an inspection carried out by the Institute on propagating material imported under Article 18 of the Act; or
(d) a declaration by the breeder or breeder of the variety where the crop is based on breeding material.
(2) The documents referred to in paragraph 1 (a) and (b) or the opinion referred to in point (c) may be replaced by their number in the application.
(3) The requirements for the characteristics of the crops are set out in Parts III and IV of Annexes 1 to 8 to this Decree for each species. The characteristics of the propagation crops evaluated during the crop inspection, which shall be entered in the records of the crop inspection, the specimens of which appear in Annex 9 to this Decree, shall be as follows:
(a) a sequence of pre-crops on land in previous years;
(b) the minimum distance from the crop of the same or related species which could otherwise endanger the propagation crop by extraneous dusting, transmission of diseases;
(c) the minimum distance to avoid mechanical additives of other species and varieties,
(d) the total state of the propagation crop, the assessment of balance, involvement, the overall appearance of the plants and, where appropriate, the degree of lodging;
(e) the maximum authorised number of plants of other species, of other varieties or of clearly divergent types, of weeds and of other additives;
(f) the maximum permitted number of plants infected by harmful organisms.
(4) The tests necessary to determine the characteristics of the propagation crops and, where applicable, the limits of these characteristics are given in Part III, Section 4, Table 3.4b of Annex 7 to this Decree.
(5) The requirements concerning the properties of the land and the properties of the land on which the crop and propagating material are grown are set out in Section 1 of Part III of Annex 7 to this Decree.
(6) The method of determining the number of the propagation crop, the number of the lot of propagating material and the specific units of weight and area used for each plant species are set out in Annex 11 to this Decree.
(7) The dates and number of crop shows for each species are set out in Section 1 of Part III of Annexes 1 to 8 to this Regulation.
Recognition of propagating material
(Articles 3 (11), 6 (4), 5 and 10 and 7 (6) of the Act)
(1) The list and extent of official tests necessary to determine the characteristics of propagating material for each species are given in Parts V, Section 1 of Annexes 1 to 6 and 8 to this Decree.
(2) The requirements for the characteristics of propagating material are set out in Parts V of Annexes 1 to 8 to this Decree for each species.
(3) The seed must not contain live stock pests listed in Annex 12 to this Decree.
(4) Records pursuant to § 7 (1) of the Act are kept by the supplier
(a) in paper form, on the production records of seeds and the stock card, the specimen of which is given in Annex 9 to this Order; or
(b) in electronic form, provided that the printed reports contain at least the data which are part of the models set out in Annex 9 to this Decree and are submitted by the supplier on request by the Institute for inspection purposes. Electronic records shall be provided by electronic signature.
Seed with unfinished certification
(K § 7a (5) of the Act)
(1) The official document for seed with complete certification shall contain:
(a) the designation of the certifying authority and the State;
(b) the name of the species and the name of the variety; for beet, the indication of whether it is feed beet or diabetes,
(c) category and generation designation;
(d) the origin of the seed used to set up the crop and the indication of the country which has recognised the seed;
(e) crop number or lot number,
(f) the size of the propagation crop;
(g) the quantity of seed harvested from the crop and the number of packages;
(h) confirmation that the crop has complied with requirements comparable to those laid down in Annexes 1 to 6 and 8 to this Decree;
(i) the result of a preliminary seed test, if the supplier so requests.
(2) The model of the document is set out in Annex 10 to this Order.
(3) The supplier keeps records of seed with uncompleted certification in the Production Register of Seeds and in the Warehouse Card.
Seeds egalisation
(Paragraph 6a (7) of the Law)
(1) When preparing the legalized seed lot supplier
(a) record, for each seed lot, in the Production Register of Seeds and in the Warehouse Card in the form of a separate indication of the merger of the legalized lot;
(b) draw up an egalisation protocol in accordance with the model set out in Annex 9 to this Decree;
(c) the recorded lot is recorded in the Production Register of Seeds and in the Warehouse Card.
(2) When samples are taken, the supplier shall submit an application for seed certification, an egalisation protocol, a seed production register and a stock card.
Placing of seed into circulation before the completion of the official germination test
(K § 8 (3) of the Act)
(1) For seed put into circulation before completion of the official germination test, the list of which is given in Annex 13 to this Decree, shall be provided by the supplier.
(2) The species whose seed may be put into circulation before the completion of the official germination test and the requirements for the characteristics of this seed are set out in Annex 13 to this Decree.
(3) The record of seed put into circulation before the completion of the official germination test shall be kept at the same time as the records referred to in Article 8 (4).
Standard seed
(Articles 9 (1) and (2) and 7 (6) of the Law)
(1) The requirements for the characteristics of standard seed put into circulation are set out in Part V of Annex 8 to this Decree.
(2) The records referred to in § 9 (2) (b) (2) of the Act are kept
(a) in paper form on forms the specimen of which appears in Annex 9 to this Order; or
(b) in electronic form, provided that the printed assemblies contain at least the data which are part of the models set out in Annex 9 to this Order and are submitted by the supplier on request by the Institute for inspection purposes.
(3) Records of the state of the propagation crop for the production of standard seed shall be kept in the record of the result of the crop inspection, a model of which is given in Annex 9 to this decree.
Commercial seed
(Paragraph 11 (1) and (3) of the Act)
(1) Seeds of the following agricultural species may be put into circulation as commercial seed:
(a) black mustard,
(b) water gloss,
(c) annual olives;
(d) Fenugreek,
(e) Vicarage,
(f) Pannonian vetch.
(2) Commercial seed shall be of a kind and comply with the characteristics of commercial seed listed in Parts V of Annexes 2, 3 and 5 thereto.
(3) The records of the produced and put into circulation of that commercial seed shall be kept at the same time as the records referred to in Article 8 (4).
(4) The packaging of commercial seed is marked brown.
Mixture of seeds
(Articles 12 (5) and (9) and 19 (15))
(1) Mixtures of seeds of varieties of one or more species (hereinafter referred to as "the mixture"), the production or putting into circulation of which the supplier shall declare to the Institute, shall be assigned by the Institute a registration number in accordance with Annex 11 to this Order.
(2) The method of mixing and the equipment on which the mixture is prepared must guarantee the uniform composition of the mixture both in the lot and in the individual packaging according to the weight percentage of each component notified by the supplier when registering the mixture.
(3) The supplier of the mixture shall keep a record of:
(a) mixing of the mixture by means of a form, the specimen of which is given in Annex 9 to this Decree;
(b) the putting into circulation of the mixture, mutatis mutandis, as the records referred to in Article 8 (4) are kept.
(4) The Institute collects and stores a sample of each manufactured batch for subsequent inspection. The Institute shall carry out a random follow-up of these samples, which shall be at least 5%. The precise level of control shall be determined by the Institute in accordance with the results of the previous year. Suppliers shall be informed in writing of the results of the check.
(5) The mixture should only be put into circulation in sealed and labelled packages or in small packages. This measure is without prejudice to the provisions on the labelling and closure of packaging laid down by law and by this decree.
(6) The mixture is labelled with an official label of green; the particulars of the label for seed mixtures are given in Part VI of Annexes 1 to 4 and Part VII of Annex 8 to this Regulation.
Reproduction material in organic farming
(Paragraph 13 (6) of the Act)
(1) The supplier shall keep a record of the production and circulation of such propagating material for organic farming at the same time as the records referred to in Article 8 (4).
(2) The supplier, after certification of the seed, shall provide the Institute with information for updating the electronic database of varieties the propagating material of which is available from organic farming in the Czech Republic, in paper form, using the form set out in Annex 9 to this Decree, or in electronic form, provided that the printed reports contain at least the information contained in Annex 9 to this Decree.
Reproduction material of genetically modified varieties
(Paragraph 14 (6) of the Law)
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Regulation Information
| Citation | Decree No. 369 / 2009 Coll., on details of the marketing of seed and planting plants |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.10.2009 |
|---|---|
| Effective from | 30.10.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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