Decree No. 386 / 2022 Coll.
Ordonnance on crops and propagating material of hops, vines and ornamental species and its putting into circulation
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Effective from 01.01.2023
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386
DECLARATION
of 30 November 2022
on crops and propagating material of hops, vines and ornamental species and its putting into circulation
The Ministry of Agriculture shall determine, pursuant to § 3 (14) (a) to (d), § 4 (7), § 5 (8), § 7 (6) (a) to (d), (f) to (k), (n), (p), (s) and (u), § 14 (6), § 18 (12), § 19 (17) (a) to (c), (f), (h), (i), (m) and (n), § 22 (10), § 23 (7), § 23a (8), § 24a) (7) and § 25 (8) of Act No 223 / 2009 Coll., on the circulation of seed and seed and planting plants, and on the amendment of certain laws (Law No 295), and Act No 295 / 2017, and Act No 334 / 2020 Coll.
This decree implements the relevant provisions of the European Union1), provides for details of the recognition and putting into circulation of hop and vine propagating material and provides for certain requirements for the putting into circulation of propagating material of ornamental species.
For the purposes of this decree:
(a) the cultivation of the same propagating material of the same variety and, where appropriate, of a clone, category, generation, health class and age by hop seed;
(b) mother plants of hops identified for reproduction;
(c) the propagation of hop plants recognised by the cultivation of hops from recognised seed of the same variety or clone, category, generation and health class in the hop structure,
(d) lard hops treated with an underground calcareous part of the hops lobe, which is used for the production of hops, exceptionally for the establishment of a propagation hop;
(e) by the spiced-up hop plant grown from the vegetative parts of the hop plant in the root nursery;
(f) coated with a hops seed hop spelt grown from the vegetative parts of the hop plant and rooted in a nutrient substrate and packaging;
(g) vine plant of genus Vitis (L.) intended for the production of grapes or for use as propagating material for such plant;
(h) the right-root planting of vines, the rooted part of ungrafted vines or of the aeroplane which is intended for planting or for use as grafting forequarters;
(i) grafted grafting of vines interconnected with a footcut which is rooted,
(j) vine vines matured by a one-year drive;
(k) the year-old vine unspoilt,
(l) with a rootstock cut, the part of the vine or of the aeroplane which is intended to form an underground part in the production of grafted seedling;
(m) the grafting of the vine part of the vine or of the aeroplane which is intended to form an above ground part in the production of grafted seedlings or in the grafting at the site;
(n) by cutting the vine part of the vine or of the aeroplane intended for the production of rectangular seedlings;
(o) rootstock vines for the production of rootstock cuttings or cuttings;
(p) selected vine vines for the production of grafts or cuttings,
(q) vine nurseries intended for the production of Orthodox vines or grafted seedlings;
(r) the expression practically free of harmful organisms that the extent to which harmful organisms occur in the propagating material or fruit plants concerned is sufficiently low to ensure the acceptable quality and use value of such propagating material; and
(s) propagating material of ornamental species plant material intended for the reproduction or cultivation of ornamental plants. In the case of cultivation from finished plants, this definition applies only if the resulting ornamental plant is intended for further circulation.
Recognition of seed crops and hop and vine propagating material and putting into circulation
[Articles 3 (14) (a) and (c), 7 (6) (a), (b), (d) and (u), 23 (7) and 23a (8) (a) of the Law]
(1) The requirements for the characteristics of the crop and propagating material of hops put into circulation are set out in Annex 1 to this Decree.
(2) The requirements for the characteristics of the propagation and propagating material of vines put into circulation are set out in Annex 2 to this Decree.
(3) The following vine varieties shall be considered to have been officially authorised for circulation:
(a) White Portugal,
(b) Blue Janek,
(c) nutmeg,
(d) Grey Portugal,
(e) Yellow trama; and
(f) Vellín red and white.
Categories and numbers of generations of hop propagating material and their labelling, conditions for properties of land, land and, where applicable, substrate
[K § 7 (6) (f), (g), (n), (p), (s) and (u), § 22 (10) and § 23a (8) (a) and (e) of the Act]
(1) The category of hop propagating material is:
(a) a pre-stage which is referred to as SE 1 and which:
1. comes from breeding material;
2. is maintained under conditions preventing infection of individual plants;
3. is regularly checked for harmful organisms which reduce the quality of propagating material;
4. is considered as a pre-stage if it is reproduced under the same conditions;
(b) basic propagating material which:
1. the first generation is E I and which comes from pre-basic propagating material,
2. the second generation shall be E II and shall come from the first generation of basic propagating material or pre-basic propagating material;
(c) certified propagating material known as C and derived from pre-basic propagating material, from first or second generation basic propagating material;
(d) standard propagating material known as STANDARD.
(2) The standard propagating material of hops multiplied by the micropropagation method comes from propagating material healed by the microreproduction method. Standard propagating material cannot be produced in a classical way in a breeding plant. Propagating material of hops used to preserve biodiversity cannot be produced from recovered propagating material and cannot be put into circulation.
(3) In the soil or substrate in which pre-basic material, basic material, certified propagating material and standard propagating material are grown, parasitic PWN of the genus Xiphinema shall not be present. If this condition is met and other conditions for testing individual health classes as referred to in Annex 1 (6) to this Decree are met, this propagating material may be referred to as viral (VF) or tested for viruses (VT).
(4) Variety identity shall be verified on growing plants. In order to verify the varietal identity of propagating material propagated by micropropagation, plantings based directly on it or production plantings evidently planted from individual mericlons of hop propagating material kept by the supplier shall be used. At least 10 plants from one mericlone must be planted.
(5) The institute shall carry out, by means of vegetative testing, a follow-up check to verify its varietal identity and purity for hop propagating material. The rules for the establishment and evaluation of vegetation tests, the model of the registration of the evaluation of the vegetation test and the model of the label of the sample for the growing test shall be published on the Institute's website.
Categories and numbers of generations of vine propagating material and their labelling, conditions for properties of land, land or substrate, where applicable
[Articles 3 (14) (b), 7 (6) (f), (p), (s) and (u) and 23 (7) of the Law]
(1) The category of vine propagating material is:
(a) a pre-stage which is referred to as SE 1 and which:
1. comes from breeding material;
2. is maintained under conditions preventing infection of individual plants;
3. is regularly inspected for the presence of harmful organisms under the conditions set out in Annex 2 to this Regulation;
4. is considered as a pre-stage if it is reproduced under the same conditions;
(b) basic propagating material known as E which:
1. is propagated by direct vegetative propagation of pre-basic propagating material;
2. is regularly inspected for the presence of harmful organisms under the conditions set out in Annex 2 to this Decree;
(c) certified propagating material known as C which:
1. is propagated by direct vegetative propagation from pre-stage propagating material or basic propagating material;
2. is regularly inspected for the presence of harmful organisms under the conditions set out in Annex 2 to this Decree;
(d) standard propagating material known as STANDARD which is regularly inspected for the presence of harmful organisms under the conditions set out in Annex 2 to this Decree.
(2) The following requirements shall be met for rootstock, selected vineyards and vine seedlings:
(a) are found free from regulated non-quarantine harmful organisms for the European Union (hereinafter referred to as "RNSO") listed in Annex No 2, Part 2, Sections 1 and 2, to this decree, as regards the genus or species concerned;
(b) in the most appropriate period of the year, taking into account the climatic conditions and conditions for vine cultivation and taking into account the biology of RNŠO relevant to vines, samples shall be taken from them in case of doubt and tested for RNŠO listed in Annex 2, Part 2, Sections 1 and 2 to this Decree;
(c) visual inspections and testing shall be carried out in accordance with the conditions set out in Section 3 of Part 2 of Annex No 2 to this Decree, further inspections being carried out where necessary to ensure the quality of propagating material;
(d) they may be grown only in soil or, where appropriate, in containers with growing media, the soil or substrates being free from any harmful organisms which may host the viruses referred to in Annex 2, Part 2, Section 2, to this Regulation, and the absence of such harmful organisms shall be determined by sampling and testing, sampling and testing, taking into account the climatic conditions and the biology of the harmful organisms which may host the viruses listed in Annex 2, Part 2, Section 2 to this Regulation.
(3) Soil or substrate sampling and testing shall not be carried out where the Institute has concluded, on the basis of an inspection, that the soil is free from any harmful organisms which may host the viruses listed in Annex 2, Part 2, Section 2, to this Decree. Sampling and testing shall also not be carried out if the vine has not been grown on the production soil for at least 5 years and if there is no doubt that there are no harmful organisms present in that soil which may host the viruses listed in Annex 2, Part 2, Section 2, to this Decree.
(4) In the case of sampling and testing, Member States shall apply the European and Mediterranean Plant Protection Organisation (EPPO) protocols or other internationally recognised protocols. In the absence of such protocols, the corresponding protocols established at national level shall apply. In this case, Member States shall make those protocols available to the other Member States and the Commission upon request.
(5) In order to avoid the risk of contamination by harmful organisms which may host the viruses listed in Annex 2, Part 2, Section 2, Section 2, to that decree, the root and vine nurseries shall be established under the conditions laid down in Annex 2 to this Regulation.
(6) In addition to compliance with plant health and soil requirements, propagating material shall be produced in accordance with the crop site, production site or area requirements set out in Sections 1 and 2 of Part 2 of Annex 2 to this Regulation in order to achieve a restriction on the presence of harmful organisms listed in that Annex.
(7) Visual inspections of the crops and control of other requirements laid down in this Decree for vine propagating material are carried out by the Institute.
Application dates, model application for recognition of hop and vine propagating material, model certificate
[K § 5 (8), § 7 (6) (h) and (i) of the Act]
(1) The model of the application for recognition of hop and vine propagating material is set out on the Institute's website.
(2) An application for recognition of propagation crops and propagating material grown under field conditions shall be submitted at the dates set out in Annex 3 to this Regulation.
(3) An application for recognition of propagating material and propagating material grown in laboratory or greenhouse conditions shall be submitted no later than 20 days before the propagating material is put into circulation.
(4) In particular, the official label, supplier's label, invoice, delivery note, international certificate, certificate and recognition certificate issued by the competent authority responsible for certification or control in that State shall be used to verify the origin of the recognised propagating material.
Procedures for evaluation of seed crops
[Paragraph 7 (6) (c) and (p) of the Law]
(1) In the case of seed crops, an evaluation of:
(a) whether the pre-crop requirements, the properties of the land, the soil and, where applicable, the substrate provided for in Sections 3 to 5 of this Decree have been met prior to the establishment of the crop;
(b) the total state of the crop,
(c) the authenticity and purity of the species and variety;
(d) agrotechnics;
(e) the health status of the crop;
(f) isolation of the crop by establishing whether:
1. the crop is protected from unwanted pollination by related species or other varieties or is protected against the transmission of harmful organisms;
2. there is no risk of mechanical additions of other genera, species or varieties occurring during harvesting.
(2) Each crop shall be evaluated at least once during the growing season. The number of shows and their dates for each crop group are set out in Annex 1 (1) and Annex 2 (1) to this decree.
(3) The evaluation of seed crops should be recorded in the annex to the application on the Institute's website.
(4) For hop crops, the Institute assesses:
(a) whether the pre-crop requirements, the properties of the land, land and, where applicable, the substrate provided for in Sections 3 and 4 have been met before the crop is set up;
(b) the total state of the crop,
(c) the health status of the crop;
(d) the isolation of the crop by establishing whether:
1. the crop is protected against the transmission of harmful organisms;
2. there is no risk of mechanical additions of other genera, species or varieties occurring during harvesting.
(5) The assessment of the propagation crop shall be carried out by showing the whole area in such a way that all the characteristics laid down by law and regulation can be evaluated. If one of the characteristics cannot be reliably evaluated or the plot is so strong that it is not possible to pass through, the crop shall not be recognised for the general condition of Section 4 (1) (a) to (c) in the case of the category of propagating material, or for the category referred to in Section 4 (1) (d), the Institute shall prohibit the putting into circulation of such propagating material.
Method of labelling and characteristics of health classes of propagating material, recognition of crops and propagating material
[Articles 3 (14) (a) and (b), 7 (6) (d), (g) and (k), 23 (7) and 23a (8) (a), (f) and (g) of the Law]
(1) Virtual propagating material is referred to as VF.
(2) The test propagating material is referred to as VT.
(3) The reproduction material in the medical class of the viruslous must have the following characteristics:
(a) is found free from all viruses and viruses of similar harmful organisms in accordance with internationally recognised diagnostic methods;
(b) has been kept under conditions ensuring the absence of any infection;
(c) comes from direct vegetative propagation of a specified number of generations from viral propagating material;
(d) has been grown and kept under conditions ensuring the absence of any infection.
(4) The reproduction material in the health class tested shall have the following characteristics:
(a) is found visually free from all viruses and viruses of similar harmful organisms which may reduce the quality of such propagating material and are tested for harmful organisms in accordance with point 6 of Annex 1 to this Decree with a satisfactory result;
(b) it originates in direct vegetative propagation from propagating material produced in the same growing season from mother plants kept in vitro or tested for harmful organisms as referred to in point 6 of Annex No 1 to this Decree with a satisfactory result, and for the production of propagating material it is possible to use mother plants within 2 years of overgrowth from mother plants kept in vitro;
(c) has been grown and kept under conditions ensuring the absence of any infection.
(5) The list of viruses and viruses of similar harmful organisms on which hop propagating material is tested is set out in Annex 1, point 6, to this Regulation.
(6) The list of RNŠO to which propagating material of ornamental species must be practically free from at least visual inspection at the place of production and the thresholds for such RNŠO which must not be exceeded at least by visual inspection of propagating material of ornamental species put into circulation is set out in Annex 4 to this Decree.
Method of keeping records in the production of propagating material
[For § 7 (6) (j), § 14 (6) of the Act and § 23a (8) (b) and (c) of the Act]
(1) The register for the production of hop and vine propagating material is kept in the nursery books.
(2) The mother plants of hops, breeding hops and rootstock and selected vineyards are recorded on the record sheet of the mother plant.
(3) When producing a genetically modified variety, the supplier shall keep separate records of the propagating material produced in the nursery book.
(4) The critical points observed and recorded in the production process of hop propagating material are:
(a) the establishment of an in vitro culture;
(b) culture media used in individual in vitro culture maintenance processes;
(c) pimping or any other handling of hop propagating material;
(d) packaging and preparation for putting into circulation; and
(e) comparative planting.
Labelling and packaging of hop propagating material
[Articles 3 (14) (d), 14 (6), 19 (17) (a), (c), (f), (h), (i) and (m) of the Act]
(1) The recognised hop propagating material shall be packed and labelled when put into circulation. The colour of the official label shall be:
(a) white with a diagonal purple stripe for pre-stage propagating material;
(b) white for basic propagating material;
(c) blue for certified propagating material.
(2) The standard hop propagating material is packed and labelled by a supplier of dark yellow when put into circulation.
(3) The breeding material of hops may be put into circulation in a bundle or package in which there is only one variety of the same generation and health class and, where appropriate, the same clone and comes from a lot which is the progeny of one mericlone.
(4) The official label contains:
(a) the country of production,
(b) an indication of the official authority responsible for certification;
(c) the name and registration number of the supplier;
(d) the name of the genus, species, variety and clone or, where appropriate, mericlon;
(e) the designation of the category or generation of propagation;
(f) health class,
(g) quantity,
(h) the year of harvest.
(5) When the genetically modified variety is put into circulation, the supplier shall indicate that it is a genetically modified variety (3).
(6) The supplier's label for standard hop propagating material contains the particulars referred to in paragraph 4 (a) and (c) to (i).
(7) The official label for recognised hop propagating material and supplier's label for standard hop propagating material shall meet the following minimum requirements:
(a) be indelibly printed;
(b) be visibly attached to the packaging or bundle,
(c) the particulars referred to in paragraphs 4 and 6 shall be clearly visible and legible.
(8) When putting into circulation coated hop roots in boxes or cartons or individual spices to the final consumer, the spices need not be marked with the official label referred to in paragraph 1 or the label referred to in paragraph 2, but put into circulation in separate lots differentiated and identified by the variety name and, where appropriate, by the clone and the number of pieces in the package.
(9) The planting of hop propagating material shall be accompanied, when put into circulation, by an accompanying document containing, in addition to the particulars referred to in paragraph 4, the number of the document, the name of the supplier and the buyer of the propagating material, the identification of the lots and the date of delivery.
(10) An invoice or delivery note shall also be deemed to be the accompanying document referred to in paragraph 9.
(11) In accordance with the implementing acts adopted pursuant to Regulation (EU) 2016 / 2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against harmful organisms of plants, in the version in force (5), the official label and label of the supplier shall be linked to a plant passport which complies with the requirements laid down directly by the European Union Regulation (6), unless it is a direct supply to the final consumer. In the case of distance contracts and sales to protected zones, the plant passport shall always be attached. The elements of the plant passport shall be framed or otherwise clearly separated from other text or image elements in order to be easily visible and clearly distinguishable.
Labelling and packaging of vine propagating material
[Articles 3 (14) (d), 14 (6) and 19 (17) (a), (b), (c), (f), (h) and (n) of the Law]
(1) When the vine propagating material is put into circulation, it is packaged and labelled in bundles or packages which are sealed so that it cannot be opened without damaging the seal.
(2) The official policy is:
(a) seal made of uncoloured sheet,
(b) single use binding tape;
(c) self-adhesive tape fixed in tension,
(d) a plastic sealing seal, which shall bear a legible and indelible imprint "TASK."
(3) The official label contains:
(a) the country of production,
(b) the designation of the authority responsible for certification or control;
(c) the name and registration number of the supplier;
(d) the name of the genus, species, variety or clone, where appropriate; for grafted seedlings, this information concerns rootstocks and grafts,
(e) the type of material;
(f) category,
(g) the lot number,
(h) quantity,
(i) the minimum length of the cuts of the lot concerned shall be indicated in the case of floor cuttings intended for grafting;
(j) the year of harvest;
(k) the indication "EC quality."
(4) The official label for vine propagating material shall comply with the following minimum requirements:
(a) be indelibly printed;
(b) be visibly affixed to the packaging or to the bundle,
(c) the particulars referred to in paragraph 3 shall not be hidden, obscured or covered by another text or representation.
(5) The contents of packages and bundles of vine propagating material are:
(a) grapevine seedlings 25, 50, 100 pieces or multiples of 100, but a maximum quantity of 500 pieces;
(b) 50, 100 pieces or a multiplication of 100, but a maximum quantity of 500,
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Regulation Information
| Citation | Decree No 386 / 2022 Coll., on crops and propagating material of hops, vines and ornamental species and its putting into circulation |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.12.2022 |
|---|---|
| Effective from | 01.01.2023 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Agriculture
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