Full text of Act No. 462 / 2004 Coll.
Full version of Act No. 147 / 2002 Coll., on the Central Audit and Examination Institute of Agriculture and on the amendment of certain related laws (Act on the Central Audit and Examination Institute of Agriculture), as resulting from subsequent amendments
Valid
Declared full text
Text versions:
11.08.2004
462
PRESIDENT OF THE GOVERNMENT
Announces
full text of Act No. 147 / 2002 Coll., on the Central Audit and Examination Institute of Agriculture and on the amendment of certain related laws (Act on the Central Audit and Examination Institute of Agriculture), as follows from amendments made by Act No. 21 / 2004 Coll., Act No. 317 / 2004 Coll. and Act No. 321 / 2004 Coll.
THE LAW
on the Central Audit and Examination Institute of the Agricultural
Parliament has decided on this law of the Czech Republic:
Central control and testing institute of agriculture
(1) The Central Audit and Examination Institute of Agriculture (hereinafter referred to as the Institute) is the administrative authority subordinate to the Ministry of Agriculture (hereinafter referred to as the Ministry). The Institute also carries out professional and test tasks (§ 2) and professional activities (§ 3).
(2) The Institute is the organisational body of the State, 1) is the accounting unit.
(3) The Institute is headed by the Director, appointed and withdrawn by (3) the Minister for Agriculture; The Director shall perform his duties in an employment relationship.
(4) The Institute's organisation is governed by the Institute's rules of organisation approved by the Ministry.
Scope of the Constitution on individual sections under special laws
(1) The Institute shall carry out administrative management and perform other administrative activities, professional and test operations and control and supervision activities under specific laws, 4), on a section
(a) wine-growing;
(b) feedingstuffs,
(c) varieties, seeds and propagating plants;
(d) the protection of hops;
(e) fertilisers, soil improvers, auxiliary plant products and substrates and agrochemical testing of agricultural soils;
(f) the protection of plant variety rights,
(g) the classification of carcasses.
(2) The Institute in the field of the management of genetically modified organisms and products under the Specific Act (5) carries out the state expert inspection, inspection and testing of these organisms and products and gives the initiative of the Czech Environmental Inspection Office to initiate the administrative procedure in the event of a breach of established obligations and informs the Ministry of the Environment.
(3) In addition, the Institute carries out the tasks arising for it from the immediately binding legislation of the European Communities, in particular the supervision of the fulfilment of obligations arising for natural and legal persons under those directly binding legislation of the European Communities.
Other activities of the Institute
(1) The Institute also carries out professional activities consisting of:
(a) developing and verifying laboratory procedures, testing methods and methods of carrying out and evaluating vegetative and biological tests, and, where appropriate, contributing to their development or verification, and the processing of uniform working procedures for carrying out professional and test operations and ensuring their harmonisation with European and international technical standards (hereinafter referred to as "procedures and methods");
(b) in the methodological management of natural or legal persons who fulfil the conditions for carrying out the professional and test tasks provided for in this Act and the specific laws, 4)
(c) in the organisation of inter-laboratory comparative tests to ensure the quality of the work of laboratories of the Institute and laboratories of natural or legal persons fulfilling the conditions for carrying out the professional and test operations provided for in this Act and in specific laws, 4)
(d) in monitoring
1. the presence of hazardous substances and contaminants in feed, soil and soil inputs in relation to the comprehensive safety of agricultural products and foodstuffs;
2. fruit orchards operated under the intensive fruit scheme;
(e) in the issuing of expert opinions, opinions or certificates at the request of an organisational body of a State or of a natural or legal person. If the processing and issuing of an expert opinion, opinion or certificate requires a chemical, biochemical, microbiological or other test to be carried out, the applicant shall bear the costs of carrying it out; the method of reimbursement and other details of its execution shall be agreed with the applicant by the Institute. The organisation of the State does not cover the issue of an expert opinion, opinion or certificate,
(f) providing training for staff working in the Institute;
(g) keeping records necessary for the performance of its tasks;
(h) the holding of the vineyard register and the provision of information thereof under specific legislation. (a)
(2) In addition to the activities referred to in paragraph 1, the Institute may carry out chemical, biochemical, microbiological, biological and other tests, at the request of an organisational body of the State or of a natural or legal person.
(3) The examination referred to in paragraph 2 shall be carried out at the request of a natural or legal person by the Institute, provided that no reference laboratory referred to in Article 5 (1) is authorised to do so.
(4) In order to carry out professional and test operations and professional activities, the Institute of Laboratories, biological testing stations, test stations, verification centres (hop grades) and other professional workplaces operate.
(5) In carrying out its tasks, the Institute cooperates with similar professional and test offices abroad. The Institute shall also cooperate with and, where appropriate, participate in relevant international organisations.
Provision of professional and test tasks by the Institute
(1) The Institute shall perform professional and test tasks to carry out its tasks in the context of administrative activities under specific laws. (4) The Institute may ensure that such acts are carried out by concluding a contract with a natural or legal person if:
(a) its technical equipment corresponds to the type and scope of the professional and test operations concerned;
(b) professional and test operations shall be carried out by natural persons with at least full secondary vocational training of agricultural, chemical or biological focus;
(c) the results of the verification laboratory tests under special laws (4) are found within the tolerance limits;
(d) no bankruptcy has been declared against her property, no insolvency or settlement proceedings have been pending or the application for a declaration of bankruptcy has been rejected for lack of assets;
(e) has an appropriate business authorisation. 6)
(2) Before concluding a contract, the natural or legal person with whom the contract is to be concluded must submit:
(a) evidence of a business authorisation, including an extract from the Commercial Register, if registered, not more than 6 months old;
(b) other documents necessary to verify compliance with the conditions laid down in paragraph 1 (a) to (c) and (e).
(3) The documents referred to in paragraph 2 may also be presented in the form of an officially certified copy.
(4) The contract referred to in paragraph 1 shall also:
(a) defining the scope of the professional and test tasks carried out;
(b) identification of the technical equipment to be used for carrying out the professional and test operations;
(c) identification of the procedures and methods by which professional and test operations will be carried out;
(d) the method of reimbursement of the costs of carrying out professional and test operations;
(e) the manner in which professional supervision of the Institute for Professional and Testing Operations will be carried out under this Treaty.
Authorisations granted by the Institute to carry out professional activities and national reference laboratories
(1) Test operations for the biological testing of feed materials, feed products or additives intended for silage and laboratory tests of the quality of feed, feed additives and premixtures under the Special Act, (7) soil sampling and chemical analyses for the purposes of agrochemical testing of agricultural soils under the Special Act, (8) test operations for chemical analysis of fertilisers, soil improvers, plant aids, substrates and manure according to the Special Act, (9) professional and test operations for the recognition of propagation crops or propagating material and for the registration of varieties under the Specific Law (9a), and professional and test operations for the labelling and certification of hops under the Special Act (9b) may, except for the Institute, carry out by natural or legal persons authorised to perform professional activities authorised by the Authority.
(2) The conditions under which authorisations for the exercise of professional activities referred to in paragraph 1 may be granted, amended, withdrawn or repealed are laid down in specific laws.7), 8), 9), 9a), 9b)
(3) In order to deepen, coordinate and unify laboratory, diagnostic and other test activities, the laboratories of the Institute shall be the national reference laboratory with the scope of the activities referred to in paragraph 1.
(4) On a proposal from the Institute, the Ministry approves other national reference laboratories for professional and test activities not carried out by the Institute. Approval may be withdrawn by the Ministry on the initiative of the Institute if the national reference laboratory does not carry out its activities properly or if the conditions under which the approval took place have changed.
(5) On a proposal from the Institute, the Ministry shall appoint persons authorised to carry out the professional activities referred to in paragraph 1 by reference laboratories within the scope of the authorisation.
(6) The list of reference laboratories referred to in paragraph 5 shall be published in the Bulletin of the Central Audit and Examination Institute of the Agricultural Institute.
(7) The Ministry lays down, by means of implementing legislation, requirements for material and personnel equipment of national reference laboratories and reference laboratories and for the targeting, organisation and methods of their activities.
Reimbursement of costs for carrying out professional and test tasks
(1) The Institute is entitled to claim compensation for the costs incurred under these special laws for carrying out professional and test operations under special laws (4). The amount of compensation shall be calculated on the basis of the calculation of the costs associated with the professional and test operations.
(2) Reimbursement of costs for professional and test operations shall be fixed:
(a) in the field of biological testing of feedingstuffs, additives or their new use under a special law, 10) by species of animal for which feed or feed additives are intended; the total costs consist of the sum of the costs for all the test operations carried out,
(b) in the field of testing varieties for registration under the Specific Law (11) and for granting protection rights under the Special Law (12), for annual examinations of varieties included in groups according to the complexity of the tests, for tests of diversity, uniformity, stability and utility value and for technological analyses and special tests;
(c) in the field of the recognition of crops and propagating material under a special law, 11) according to the area of the crops, the number of shows and the extent of the laboratory testing;
(d) in the field of the registration of fertilisers, soil improvers, plant aid products and substrates under the Specific Act, 13) as a sum of the costs of biological tests and tests carried out, chemical analyses and related operations.
(3) The Institute is entitled to require from the applicant, pursuant to special laws, (4) at whose request the professional and test operations are to be carried out, an appropriate advance payment and, where appropriate, the reimbursement of costs in advance, provided that there is no doubt that these actions will have to be carried out by the Institute and that their compensation is known.
(4) Expenditure incurred by the Institute in the context of carrying out the professional and test tasks referred to in Article 4 (1) may be compensated for by the costs of the professional and test actions referred to in paragraph 2 paid by the applicant under specific laws. 4) Expenditure incurred by the Institute for professional and test activities carried out on request by natural and legal persons may also be compensated.
(5) The provisions of paragraphs 1 to 4 shall apply mutatis mutandis to the activities referred to in Articles 3 (1) (e) and 3 (2) and (3), provided that they are carried out by the Institute for Natural or Legal Persons.
Control and State surveillance
(1) In carrying out the control or supervision of the State (hereinafter referred to as "control") referred to in Article 2, the Institute shall, in respect of natural or legal persons subject to obligations laid down by specific laws, 4) (hereinafter referred to as "controlled persons") under the State Control Act, 15) unless it provides for specific laws 4) governing the scope of the Constitution on the different sections of its activity, and under that Act.
(2) Staff in the Institute of Control shall be entitled to check outside the rights and obligations laid down in the Law on State Control, 15) or under the Special Laws (4) referred to in paragraph 1.
(a) verify the identity of the natural persons, if they are controlled persons, as well as the identity of the natural persons who represent the controlled persons during the check, and the authorisation to represent such persons;
(b) to make copies or extracts of the written materials presented during the inspection;
(c) procure photo documentation in connection with the conduct of a photo-documentation check;
(d) to enter, to the extent necessary, means of transport on the means of communication, on land and on the premises of operations, storage and facilities of persons controlled.
(3) Staff in the Institute for Control shall be shown in writing by delegation defining the subject matter of the inspection and the group of persons checked.
(4) If, in carrying out the checks referred to in paragraph 1, the Institute finds that the measures which fall within the competence of other State bodies are to be taken, it shall notify them.
(5) The Institute shall, when carrying out its inspection, proceed with the handling of personal data by natural persons under specific legislation. 16)
(6) If the Institute finds that the infringement is being checked, it shall impose a penalty provided for under specific legislation. (4) In the event that the infringement has been rectified in accordance with the measure imposed or immediately after the infringement has been found, the Institute may waive the imposition of a fine.
(7) The Institute may impose a penalty of up to CZK 1 000 000 000 in breach of the legislation of the European Communities.
Requesting and providing information and cooperation
(1) The Institute is entitled to require, within the scope of its jurisdiction laid down by this Act and by special legislation4) free of charge from the organisational bodies of the State, in particular public health authorities, veterinary authorities, trade offices and customs offices, and from the authorities of the local authorities of the local authorities, the provision of information related to the provision of control.
(2) The Institute, within the scope of its jurisdiction laid down by this Act and by special legislation4) provides information and cooperates with the organisational bodies of the State and the authorities of the local authorities and with interest and professional associations.
Use of cadastral data and results of surveying activities
The Institute shall be entitled to use, to the extent necessary and free of charge, the data of the Real Estate Register (17), including the cadastral maps and results of the surveying activities, and 18) in particular of the state map works, in the exercise of its competence under this Act and the special legislation4). 19)
Bulletin of the Central Audit and Examination Institute of Agricultural
(1) The Institute issues the Bulletin of the Central Audit and Examination Institute of the Agricultural Institute ("Bulletin"). The Bulletin shall be published periodically at least four times a year.
(2) The Bulletin publishes in particular:
(a) data provided for by special laws, 4)
(b) the procedures and methods referred to in Article 3 (1) (a);
(c) notification and information of the Constitution.
(3) The Institute also publishes the data contained in the Bulletin in a way that allows remote access.
(4) The Institute shall, when publishing the data contained in the Bulletin, proceed with the handling of personal data by natural persons under specific legislation. 16)
Authorisation provisions
By decree, the Ministry sets out the schedule for reimbursement of costs for professional and test actions carried out under the jurisdiction of the Constitution under special legislation.4)
Transitional provisions
(1) Applications for authorisation to carry out laboratory tests on the quality of feedingstuffs, additives and premixtures under the Feed Act (7) or applications for authorisation to take samples of soils and their chemical analyses for the purposes of agrochemical testing of agricultural soils under the Fertiliser Act (8) submitted before the date of entry into force of this Act shall be considered as applications for authorisation under this Act.
(2) The authorisations granted by the Institute for laboratory tests on the quality of feed, feed additives and premixtures under the Feed Act (7) and the mandates granted by the Institute for Soil Sampling and Chemical Analysis for the purpose of agrochemical testing of agricultural soils under the Fertiliser Act (8) before the date of entry into force of this Act are considered as authorisations granted under this Act.
Efficacy
This Act shall take effect on 1 June 2002.
* * *
Act No. 21 / 2004 Coll., amending Act No. 91 / 1996 Coll., on Feed, as amended, and Act No. 147 / 2002 Coll., on the Central Audit and Examination Institute of Agriculture and amending certain related acts (Act on the Central Audit and Examination Institute of Agriculture), as amended, and Act No. 309 / 2002 Coll., became effective on the date of its publication (23 January 2004).
Act No. 317 / 2004 Coll., amending Act No. 156 / 1998 Coll., on fertilisers, soil improvers, auxiliary plant products and substrates, and on agrochemical testing of agricultural soils (Fertilizer Act), as amended, Act No. 185 / 2001 Coll., on waste and on the amendment of certain other laws, as amended, Act No. 147 / 2002 Coll., on the Central Audit and Testing Institute of Agricultural and on the amendment of certain other laws (Act on the Central Audit and Examination Institute of Agricultural), as amended, and Act No. 252 / 1997 Coll., on Agriculture, as amended, became effective on the date of its publication (27 May 2004).
Act No. 321 / 2004 Coll., on wine-growing and wine-growing and on the amendment of certain related laws (Law on wine-growing and wine-growing), became effective on the date of its publication (28 May 2004).
Prime Minister:
PhDr. Špidla v. r.
1) Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations, as amended.
2) Act No. 563 / 1991 Coll., on Accounting, as amended.
3) Paragraph 27 (4) of the Labour Code, as amended.
4) Act No. 115 / 1995 Coll., on wine-growing and wine-growing and amending certain related legislation, as amended. Act No. 91 / 1996 Coll., on Feed, as amended. Act No. 92 / 1996 Coll., on Varieties, Seeds and Propagating Plants, as amended. Act No. 97 / 1996 Coll., on the protection of hops, as amended. Act No. 156 / 1998 Coll., on Fertilisers, Soil Aid, Auxiliary Plant Products and Substance and on Agrochemical Testing of Agricultural Soils (Fertilisers Act), as amended. Act No. 153 / 2000 Coll., on the Treatment of Genetically Modified Organisms and Products and on the Modification of Certain Related Acts. Act No. 408 / 2000 Coll., on the Protection of Plant Variety Rights and amending Act No. 92 / 1996 Coll., on Varieties, Seeds and Propagating Plants, as amended (Act on the Protection of Variety Rights). Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, as amended.
5) § 19 of Act No. 153 / 2000 Coll.
5 a) Act No. 321 / 2004 Coll., on Vinohradship and Vinosure and on the amendment of certain related laws (Vinohradship and Wine Act).
6) For example Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended.
7) Article 17 of Act No. 91 / 1996 Coll., as amended.
8) Article 10 of Act No. 156 / 1998 Coll., as amended.
9) Article 4 of Act No. 156 / 1998 Coll., as amended. Decree No. 273 / 1998 Coll., on collection and chemical analysis of fertiliser samples, as amended by Decree No. 475 / 2000 Coll.
9a) § 7 and 30 of Act No. 219 / 2003 Coll., on the circulation of seeds and propagating plants and amending certain laws (Act on the circulation of seeds and seed).
9b) Act No. 97 / 1996 Coll., as amended.
10) Act No. 91 / 1996 Coll., as amended.
11) Act No. 92 / 1996 Coll., as amended.
12) Act No. 408 / 2000 Coll.
13) Act No. 156 / 1998 Coll., as amended.
14) Paragraph 49 (9) of Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended.
15) Act No. 552 / 1991 Coll., on State Control, as amended.
16) Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws, as amended.
17) § 22 paragraph 4 of Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended.
18) Sections 4 and 6 of Act No. 200 / 1994 Coll., on Geometry and amending and supplementing certain laws related to its implementation, as amended by Act No. 186 / 2001 Coll.
19) § 2 (g) and (h) of Act No. 200 / 1994 Coll., as amended by Act No. 186 / 2001 Coll. § 2 (1) (b) and (c) of Decree No. 116 / 1995 Coll., which provides for geodetic reference systems, state map works binding throughout the country and the principles of their application.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Full version of Act No. 462 / 2004 Coll., Act No. 147 / 2002 Coll., on the Central Audit and Examination Institute of Agriculture and on the amendment of certain related laws (Act on the Central Audit and Examination Institute of Agriculture), as resulting from subsequent amendments |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.08.2004 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0