Decree No. 384 / 2006 Coll.
Order setting out the details of the marketing of seed and seed of grown plants
Valid
Order
Effective from 08.08.2006
Text versions:
31.08.2007
08.08.2006
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384
DECLARATION
of 20 July 2006
laying down details on the putting into circulation of seed and propagating plants
The Ministry of Agriculture shall determine pursuant to § 3 (8), § 3a (11), § 4 (15), § 5 (9), § 6 (9), § 7 (6), § 8 (3), § 11 (3), § 12 (7), § 13 (6), § 14 (6), § 15 (4), § 16 (11), § 17 (13), § 18 (12), § 19 (15) and § 19a (6) of Act No. 219 / 2003 Coll., on the circulation of seeds and seedlings and on the amendment of certain laws (Law on the circulation of seeds and seedlings), as amended by Act No 178 / 2006 Coll. (hereinafter "the Act '):
This decree (1) implements the relevant provisions of the European Community2) and regulates the details of the marketing of seed and planting plants.
Placing of propagating material into circulation
[Articles 3 (2), (4) to (6) and (8), 7 (6) (e), (f) and (s), 15 (4) (c), 19 (15) (c) of the Law]
(1) The requirements for the characteristics of propagating material put into circulation pursuant to Article 3 (2) of the Act are set out in Annexes 1 to 8, Parts V, Sections 2 and 3, for each species.
(2) Pre-stage propagating material and basic propagating material of agricultural and vegetable species may be put into circulation with a germination capacity of up to 10% lower than that laid down in Annexes 1 to 6 and 8, Part V, Section 2. The supplier shall indicate on the special label the value of germination, the lot number and, for a natural person, the name, surname or business name (3), the place of residence or residence (4), and the place of business of the supplier, if different from the place of residence or residence (4); in the case of a legal person, a business firm, a registered office or, where applicable, the location of the organisational component in the Czech Republic. At the same time, the official label shall indicate that the seed in question does not comply with the germination requirements laid down in Annexes 1 to 6 and 8, Part V, Section 2. For seed intended for circulation to the final consumer in the Czech Republic, the supplier may indicate the reduced germination capacity on the accompanying document.
(3) The provisions of paragraph 2 shall not apply to seed imported from third countries except seed certified under Section 4 (13) of the Act.
(4) Pre-stage propagating material, basic propagating material or certified propagating material of the types of wheat, rye, triticale, barley, maize and flax may only be put into circulation with pickled fodder; the disease may only be put into circulation if the harmful organisms listed in Annexes 1, 3 to 6 and 8, V, are not exceeded.
(5) Seeds of species other than those referred to in paragraph 4 may be put into circulation as non-marine unless the presence of harmful organisms exceeds the values set out in Annexes 1, 3 to 6 and 8, Part V, Section 3. Seed of species for which no limit on the presence of harmful organisms is laid down may be put into circulation even when not contaminated.
(6) Specification of the categories of propagating material and the number of generations in which it may be
(a) pre-stage propagating material also manufactured from pre-stage propagating material;
(b) certified propagating material also produced from certified propagating material;
are listed for each species in Annexes 1 to 8 to Part II.
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 which may be authorised for each variety of each species may not exceed the percentages of seed of the same species used annually for sowing on agricultural land in the Czech Republic,
(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 per area of 10 ha, the quantity required for sowing may be allowed. No quantity is fixed for vegetable seed.
(3) The seed of the varieties not officially entered into circulation shall comply with the characteristics of certified propagating material listed in Annexes 1 to 6 and 8, Part V, Section 2 and Annex 7, Part V.
(4) The application for authorisation or renewal of authorisation to put into circulation seed of an officially unregistered variety shall be submitted on the form set out in Annex 9. 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.
(5) The central control and testing institute of agriculture (hereinafter referred to as the "Institute") controls at random the quantity and quality of seed put into circulation in accordance with Article 3a of the Act and its use. The inspection shall also include checking the labelling by the prescribed labels.
Recognition procedure
[K § 4 (7), § 5 (9), § 7 (6) (h) and (r) of the Act]
(1) Applications for the recognition of crops and seeds shall be submitted on the forms of which the model is set out in Annex 9.
(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 from the first mower,
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. the leguminous vegetables of the field (field beans, pannonite vetches, vetches, 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 be obliged to submit an application for the recognition of the propagation crop no later than one month before the expected date of the exhibition.
(4) The models of applications and documents issued by the Constitution or by the authorised person are set out in Annexes 9 and 10.
Recognition of seed harvested in another Member State or in a third country which has been granted equivalence for that species
[Articles 4 (10) (b) and (c), 13 (c) 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 an inspection of the propagation crop has been carried out which complies with the requirements laid down in European Community rules which are comparable to those laid down in Annexes 1 to 6 and 8 to Part III.
(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 laid down in Annexes 1 to 6 and 8, Part V.
(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 under Section 4 (13) of the Act.
Recognition of crops
[Articles 5 (1) (g), (i) and (k), 5 (a) and (c), 9, 7 (6) (a), (b), (i) and (l) to (p) 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.
The documents referred to in points (a) and (b) or the opinion referred to in point (c) may be replaced by the number of such documents on the application.
(2) Requirements for the characteristics of propagation crops are set out for each species in Annexes 1 to 8, Parts III and IV. The characteristics of the propagation crops evaluated during the crop inspection to be entered in the record of the crop inspection referred to in Annex 9 shall be:
(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 overall state of the propagation crop, i.e. the assessment of balance, involvement, 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.
(3) The tests necessary to determine the characteristics of the propagation crops and, where appropriate, the limits of these characteristics are given in Annex 7, Part III, Section 4, Table 3.4 b.
(4) The requirements concerning the characteristics 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.
(5) The particulars of the number of the propagation crop, the lot number of the propagating material and the weights and areas used are given in Annex 11.
Recognition of propagating material
[K § 6 (4), (5) and (9), § 7 (6) (d) and (j) of the Act]
(1) The list and extent of official testing of propagating material for each species is set out in Annexes 1 to 8, Part V, Section 1.
(2) The characteristics of propagating material are listed in Annexes 1 to 8 to Part V for each species.
(3) The seed must not contain live stock pests listed in Annex 12.
(4) Records pursuant to § 7 (1) of the Act are kept by the supplier
(a) in paper form, on forms the specimen of which appears in Annex 9; or
(b) in electronic form, provided that the printed reports contain at least the information contained in the specimen in Annex 9 and are submitted by the supplier to the Institute on request for inspection.
Placing of seed into circulation before the completion of the official germination test
(K § 8 (3) of the Act)
(1) An official germination test listed in Annex 13 shall be carried out on seed put into circulation before the completion of the official germination test.
(2) The species whose seed may be put into circulation before the completion of the official germination test and the characteristics of the seed are set out in Annex 13.
(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 7 (4). Where the register is kept electronically, printed reports shall contain at least the data contained in the specimen in Annex 9 and shall be submitted by the supplier to the Institute on request for inspection.
Standard seed
[K § 9 (1), § 2 (b) (2), § 7 (6) (d) and (j) of the Act]
(1) The requirements for the characteristics of standard seed put into circulation are set out in Annex No 8, Part V.
(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; or
(b) in electronic form, provided that the printed reports contain at least the information contained in the specimen in Annex 9 and are submitted by the supplier to the Institute on request for inspection.
(3) Records of the state of the propagation crop from which the standard seed originates shall be kept in the record of the result of the propagation crop inspection, a model of which appears in Annex 9.
Commercial seed
[Paragraph 11 (1) (d), paragraph 3 (a), (c) and (d) 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,
(g) hoof,
h.
(2) Commercial seed shall be of a kind and comply with the characteristics of commercial seed referred to in Annexes 2, 3 and 5 in Part V.
(3) The records of the production and circulation of the said commercial seed shall be kept at the same time as the records referred to in Article 7 (4). Where the register is kept electronically, printed reports shall contain at least the data contained in the specimen in Annex 9 and shall be submitted by the supplier to the Institute on request for inspection.
Mixture of seeds
[Articles 12 (5), 7 (b) and (d), 19 (15) (e) of the Law]
(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 as set out in Annex 11.
(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 keeps a register
(a) mixing the mixture using a form the model of which is given in Annex 9;
(b) on the putting into circulation of the mixture, mutatis mutandis, as the register referred to in Article 7 (4).
Where the register is kept electronically, printed reports shall contain at least the data contained in the specimen in Annex 9 and shall be submitted by the supplier to the Institute on request for inspection.
(4) The mixture may only be put into circulation in sealed and labelled packages or in small packages.
(5) The packaging of the mixture is marked with an official label of green; the particulars of the label for seed mixtures are given in Annexes 1 to 4 and 8 to Part VI.
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 7 (4). Where the register is kept electronically, printed reports shall contain at least the data contained in the specimen in Annex 9 and shall be submitted by the supplier to the Institute on request for inspection.
(2) The supplier, after certification of the seed, provides the Institute with information for updating the electronic database of varieties the propagating material of which is available on the territory of the Czech Republic, in paper form on the form set out in Annex 9 or in electronic form, provided that the printed reports contain at least the information contained in the model in Annex 9.
Reproduction material of genetically modified varieties
(Paragraph 14 (6) of the Law)
The supplier shall keep a record of the produced and put into circulation of that genetically modified propagating material at the same time as the records referred to in Article 7 (4). Where the register is kept electronically, printed reports shall contain at least the data contained in the specimen in Annex 9 and shall be submitted by the supplier to the Institute on request for inspection.
Vegetable seedlings
[Paragraph 15 (4), Paragraph 19 (15) (c) of the Law]
(1) The required characteristics of vegetable seedlings are set out in Annex No 14.
(2) Vegetable seedlings intended for putting into circulation are stored in packaging to prevent damage and replacement or mixing of individual lots. If, during packing, storage, transport or delivery, lots of vegetable seedlings of different origin are mixed, the supplier shall record in the register the composition of the new lot and the origin of its individual ingredients.
(3) The packaging shall be accompanied by a label, label or other similar document with vegetable seedlings intended for circulation; such documents shall be made of suitable material and shall not be reused.
(4) The document referred to in paragraph 3 shall contain:
(a) the text "EC quality,"
(b) the name of the Member State or its code;
(c) the designation or code of the competent authority;
(d) the supplier's registration number;
(e) name of supplier;
(f) the lot number of vegetable seedlings put into circulation;
(g) the date of issue of the document;
(h) the seed lot number for vegetable seedlings grown from seed;
(i) the name of the species and variety of vegetables,
(j) the Latin name of the genus and of the species of vegetables, if it is also a plant passport under the Specific Law (5);
(k) quantity,
(l) on importation from third countries, an indication of the country of origin.
(5) Where propagating material of vegetable seedlings is provided with a plant passport in accordance with the special legislation5), this passport shall replace the particulars referred to in paragraph 4, except for those referred to in points (a), (c), (i) and (l). Such data shall be clearly separated.
(1) The supplier shall ensure conditions for monitoring critical points in the vegetable seedling production process. Critical points shall mean:
(a) seed used, origin and quality of vegetative parts of plants;
(b) sowing, stinging, cutting, planting and applied substrate;
(c) cultivation methods,
(d) care for grown plants, fertilisation and chemical protection,
(e) handling of plants;
(f) hygiene;
(g) packaging,
(h) storage;
(i) transport, accompanying documents of vegetable seedlings and, where appropriate, other administrative operations related to transport.
(2) The records for vegetable seedlings provided for in Article 15 (4) (e) of the Act must be kept properly, the individual data must be linked to each other in such a way as to be controllable by the Institute or by a designated person. The record may be kept
(a) in paper form, using a form the specimen of which is given in Annex 9; or
(b) in electronic form, provided that the printed reports contain at least the information contained in the specimen in Annex 9 and are submitted by the supplier to the Institute on request for inspection.
(3) The provisions of paragraphs 2 and 4 shall not apply to suppliers of vegetable seedlings not subject to registration under Paragraph 16 (9) of the Act.
(4) In addition to the requirements laid down in Article 14 (2) to (5), and in paragraphs 1 to 3, garlic, onion and shallots shall meet the following requirements:
(a) the propagating material must come from a crop which has been checked;
(b) the propagation crop has been free from or treated against the harmful organisms listed in Annex 14;
(c) the characteristics of the propagating material shall comply with the requirements laid down in Annex 14.
Registration and reporting obligation of the supplier
(Paragraph 16 (6) and (11) of the Act)
(1) A supplier subject to registration under Article 16 (1) of the Act shall submit an application for registration of a person using the form set out in Annex 9.
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Regulation Information
| Citation | Decree No 384 / 2006 Coll., laying down details on the marketing of seed and planting plants |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.08.2006 |
|---|---|
| Effective from | 08.08.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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