Act No. 387 / 2005 Coll.
Act amending 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 amending certain related laws (Act on trade in forest reproductive material) and Act No. 114 / 1992 Coll., on the conservation of nature and landscape, as amended
Valid
Law
Effective from 31.10.2005
Text versions:
31.10.2005
01.10.2005
387
THE LAW
of 19 August 2005
amending Act No. 149 / 2003 Coll., on the putting into circulation of forest reproductive material of forest-relevant species and artificial cross-breeds, intended for forest renewal and afforestation, and amending certain related laws (Act on trade in forest reproductive material) and Act No. 114 / 1992 Coll., on conservation of nature and landscape, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on trade in forest reproductive material
Act No. 149 / 2003 Coll., on the putting into circulation of forest reproductive material of forest-relevant 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), is amended as follows:
1. Paragraph 1, including the title and footnote 1a, reads:
Subject matter
This law incorporates the relevant regulation of the European Communities (1a) and lays down the conditions under which forest reproductive material of forest species of forest importance and artificial cross-breeds may be put into circulation, intended for forest renewal and afforestation and for maintaining and increasing the biological diversity of forests, including genetic diversity of trees and sustainable forest management.
(1a) Council Directive 1999 / 105 / EC of 22 December 1999 on the marketing of forest reproductive material. "
2. In Article 2 (a), the words "No 1 'shall be inserted after the words" in the Annex'.
3. in § 2 (g) (5):
"5. clones which are a group of vegetative offspring (ramets) obtained from a single starting individual (ortet) by vegetative propagation, such as cutting, microvegetative propagation, grafting, warming or splitting,"
4. in Article 2, the following point (i) is inserted after point (h):
"(i) the Indigenous Grass or the seed source is an autochthon crop or a seed source or a seed source which has been created artificially from seeds originating in the same region of provenance;"
Points (i) to (p) shall be renumbered as points (j) to (q).
5. In Article 2, point (q) is replaced by the following:
"(r) by an authorised person, a legal person or an organisational body of the State entrusted by the Ministry of Agriculture pursuant to Section 30 of this Act."
6. In Article 3 (1), the words "No 1 'shall be inserted after the words" in the Annex'.
7. In Article 6 (1), the words "from natural rejuvenation" shall be inserted after the words "planting material."
8. In Article 6 (2) (d), the words "from natural rejuvenation 'shall be inserted after the words" planting material'.
9. in Article 6 (2) (e), the words "from natural rejuvenation" shall be inserted after the words "planting material."
10. in Article 6 (4), the words "from natural rejuvenation" shall be inserted after the words "planting material."
11. in Article 6, paragraph 5 is deleted;
Paragraphs 6 and 7 shall become paragraphs 5 and 6.
12. In Article 6, the following paragraphs 7 and 8 are inserted after paragraph 6, including footnote 6a:
"(7) The local competent authority of the public authority for the issue of the certificate of origin shall be the one in whose territorial district the collection of seed material, the collection of parts of plants or the collection of planting material from natural rejuvenation.
(8) The issue of certificates of origin for reproductive material is not covered by the Administrative Rules (6a).
6a) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations), as amended. '
13. The following Section 6a is inserted after Section 6:
(1) Where reproductive material in the category selected, qualified or tested subsequently vegetative is multiplied, the public authority shall issue a new certificate of origin for this subsequently reproduced reproductive material.
(2) Following the merger of reproductive material pursuant to Section 5 (4) of this Act, the public authority shall issue a new certificate of origin for this subsequently merged reproductive material.
(3) Paragraph 6 (1), (2) and (4) of this Law applies mutatis mutandis to the notification, application and issue of a new certificate of origin. Paragraph 6 (5) of this Law shall apply mutatis mutandis to the keeping of records of new certificates of origin.
(4) The local competent authority for issuing a new certificate of origin shall be the one in whose territorial perimeter the parts of the plants will be collected in subsequent vegetative propagation or the merging of sections of reproductive material.
(5) The issue of a new certificate of origin for reproductive material is not covered by the Administrative Rules (6a).
(6) The details of the notification referred to in paragraph 3 and the details of the new certificate of origin and the request for issue shall be laid down by the Ministry of Agriculture by decree. "
14. in Paragraph 8 (8), the word "copy" is replaced by the word "copy."
15. After Paragraph 18, the following Section 18a is inserted:
National List
The Ministry shall keep a national list of recognised sources of reproductive material10a).
10a) Commission Regulation (EC) No 1597 / 2002 of 6 September 2002 laying down detailed rules for the application of Council Directive 1999 / 105 / EC as regards the model for the national lists of sources of forest reproductive material. '
16. After Paragraph 21, the following Section 21a is inserted:
Obstacles to grant licences
No licence may be granted to that natural or legal person,
(a) which has been imposed by a court or administrative authority on an activity concerning the putting into circulation of reproductive material for the duration of that prohibition; or
(b) which has been withdrawn by a decision pursuant to Article 23 (1) (c) of that law for a period of five years from the date of the acquisition of the legal power of that decision. "
17. in Article 24 (2), the words "as at 30 November" shall be replaced by the words "until 15 December" and the words "shall be replaced by the words" said. "
18. The title of Paragraph 25 is "Export and Import."
19. In the first sentence of Article 25 (1), the words "under the authority of the European Commission or of the Council of the European Union 'shall be inserted after the words" issued by the Ministry', and in the second sentence, the words "under the first sentence 'shall be inserted.
20. In Article 25, the following paragraphs 4 and 5 are inserted after paragraph 3, including footnote 12a:
"(4) Where reproductive material is exported to a Member State of the European Union, the supplier who exports reproductive material shall inform the authorised person within 1 month of the date of export on the prescribed form, the specimen of which appears in Annex 2 to this Law. The authorised person shall transmit this information to the official body of the Member State of the European Union where he is established 12a).
(5) The issue of import authorisations under paragraph 1 is not covered by the Administrative Rules (6a).
12a) Commission Regulation (EC) No 1598 / 2002 of 6 September 2002 laying down detailed rules for the application of Council Directive 1999 / 105 / EC as regards the provision of official assistance between official bodies. ';
Paragraph 4 shall become paragraph 6.
21. In Article 27 (a), the comma shall be deleted at the end and the words "and the notification by suppliers of the intended merger of reproductive material and the collection of parts of plants in other vegetative propagation (§ 6a)," shall be added.
22. in Article 27 (c), the words "new" shall be inserted after the words "new," the words "division" shall be replaced by the words "merging of sections and for sections obtained by subsequent vegetative propagation," and the words "which" shall be replaced by "which."
23. in Paragraph 27, at the end of point (e), the dot is replaced by a comma and the following points (f) and (g) are added:
"(f) transmit without delay the particulars of the certificates of origin issued and the new certificates of origin issued to the authorised person,
(g) authorise the authorised person to be checked under Paragraph 31 (3) of this Law. The issue of authorisation shall not be subject to the provisions of the Administrative Rules (6a). ';
24. in Article 29 (2), the following points (e) and (f) are inserted after point (d):
"(e) keeps a national list of recognised sources of reproductive material,
(f) issue a supervisory mandate to the person by delegation, the issue of the mandate shall not be subject to the administrative rules 6a), ';
Points (e), (f), (g) and (h) shall be renumbered as points (g), (h), (i) and (j).
25. in Article 30 (1), the words "and control" shall be inserted after the words "professional acts" and the words "legal person" shall be inserted after the words "or the organisational part of the State."
26. in Paragraph 30 (2), at the end of point (f), the dot is replaced by a comma and the following points (g), (h) and (i) are added:
"(g) keep a central register of certificates of origin issued and new certificates of origin issued;
(h) inform the official body of the Member State of the European Union of the export of reproductive material;
(i) under the authority of the Ministry, supervise the compliance of public authorities, natural and legal persons with the provisions of this Act, the rules adopted for its implementation and the decisions made on their basis, and, in the event of deficiencies, transmit them to the public authority for further management of reproductive material. ";
27. in Paragraph 31 (1), the words "and the authorised person (Article 30) shall be inserted after the words" administration "and the words" obligation "shall be replaced by the words" obligation. "
28. In Article 31 (2), the words "which are invited by a public authority to exercise control 'are deleted.
29. In Paragraph 31, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) The municipal authority of the municipality with extended scope, or the authorised person under the authority of the municipal authority, shall be present when collecting seed material, collecting parts of plants or picking up planting material from natural rejuvenation from recognised sources of reproductive material of the category selected, qualified or tested.
(4) The municipal authority of the municipality with extended competence shall not be obliged under paragraph 3 if it authorises the authorised person [§ 27 (g)]. '.
Paragraphs 3 to 8 shall be renumbered paragraphs 5 to 10.
30. In Article 31 (5), the words "which are invited to exercise control by a public authority 'are deleted.
31. in Paragraph 31 (6), the introductory phrase is: "In the exercise of the powers of control, the staff of the public authorities and the staff of the authorised person shall be obliged."
32. in Paragraph 31 (9), the words "and staff of the authorised person" shall be inserted after the words "public administration."
33. in Paragraph 33 (1), the words "No 1" shall be inserted after the words "in the Annex";
34. in § 34 (1) (a):
"(a) shall not notify the collection of seed material, the collection of parts of plants, the collection of planting material and the merging of sections of reproductive material, although required under this law, '.
35. in Paragraph 40, paragraphs 2 and 3 are deleted;
Paragraph 4 shall become paragraph 3.
36. In Paragraph 40, the following paragraph 2 is inserted after paragraph 1:
"(2) Reproduction material collected before the date of application of this Act until 31 December 2002 may be put into circulation by 31 December 2015. Reproduction material collected prior to the application of this Act between 1 January 2003 and 31 December 2003 may be put into circulation until 30 April 2007. When put into circulation, the supplier shall issue for seed material a certificate of origin of fruits, seeds and vegetative parts and for planting material a certificate of origin of planting material of forest trees. The movement certificate provided for in Section 8 of this Act shall not be issued for seed and planting material. '.
37. in Paragraph 40, the following paragraph 4 is added:
"(4) The model of the certificate of origin of the fruits, seeds and vegetative parts and of the certificate of origin of the forest material referred to in paragraph 2 shall be as set out in Annexes 3 and 4 to this Law. ';
38. The Annex to the Act is referred to as "Annex 1 to Act No. 149 / 2003 Coll. '.
39. The following Annexes 2, 3 and 4 are inserted after Annex 1:
"Annex No 2 to Act No. 149 / 2003 Coll.
MODEL "INFORMATION DOCUMENT"
Příloha č. 3
Annex 3 to Act No. 149 / 2003 Coll.
Leaf of fruit, seeds and vegetative parts of plants
Příloha č. 4
Annex No. 4 to Act No. 149 / 2003 Coll.
Sheet of origin of forest material
Amendment of the Nature and Landscape Conservation Act
Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended by Act No. 347 / 1992 Coll., Act No. 289 / 1995 Coll., the Constitutional Court Act No. 3 / 1997 Coll., Act No. 16 / 1997 Coll., Act No. 123 / 1998 Coll., Act No. 161 / 1999 Coll., Act No. 238 / 1999 Coll., Act No. 132 / 2000 Coll., Act No. 76 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 100 / 2004 Coll., Act No. 168 / 2004 Coll., and Act No. 218 / 2004 Coll., are amended as follows:
In the Annex to the Act, under the "Protected Landscape Areas," the following row is inserted under the line Český kras: "Czech Forest, Decree of the Government No. 70 / 2005 Coll., Přímda."
EFFECTIVE
This Act shall take effect on the 30th day following its publication.
Zaoralek v. r.
Klaus v. r.
Paroubek v. r.
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Regulation Information
| Citation | Act No. 387 / 2005 Coll., amending Act No. 149 / 2003 Coll., on the putting into circulation of forest reproductive material of forest-relevant species and artificial cross-breeds intended for forest renewal and afforestation, and amending certain related laws (Act on trade in forest reproductive material) and Act No. 114 / 1992 Coll., on the conservation of nature and landscape, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.10.2005 |
|---|---|
| Effective from | 31.10.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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