Decree No. 505 / 2021 Coll.
Decree amending Decree No. 378 / 2010 Coll., establishing the species list of grown plants, as amended, and other related regulations
Valid
Order
Effective from 01.02.2022
505
DECLARATION
of 14 December 2021
amending Decree No 378 / 2010 Coll., establishing a species list of grown plants, as amended, and other related Regulations
The Ministry of Agriculture shall determine pursuant to § 3 (14) (a), § 4 (15) (a), § 5 (8) (a), (e) to (h), § 6 (8) (d) and (g), § 7 (6) (a), § 7a (5) and § 17 (16) (b) of Act No. 219 / 2003 Coll., on the putting into circulation of seeds and seedlings and on the amendment of certain laws (Act on the circulation of seeds and seedlings), as amended by Act No. 178 / 2006 Coll., Act No. 96 / 2009 Coll., Act No. 300 / 2009 Coll., Act No. 331 / 2010 Coll., Act No. 54 / 2012 Coll., Act No. 295 / 2017 Coll. and Act No. 334 / 2020 Coll.:
Amendment of the Ordinance establishing the species list of grown plants
Decree No. 378 / 2010 Coll., establishing the species list of cultivated plants, as amended by Decree No. 42 / 2014 Coll., Decree No. 3 / 2018 Coll. and Decree No. 315 / 2020 Coll., is amended as follows:
1. In footnote 1, the sentence "Council Directive 92 / 33 / EC of 28 April 1992 on the marketing of vegetable propagating material other than seed '," Council Directive 92 / 34 / EEC of 28 April 1992 on the placing on the market of fruit plant propagating material and fruit plants intended for fruit production' and "Commission Directive 2003 / 111 / EC of 26 November 2003 amending Annex II to Directive 92 / 34 / EEC on the marketing of fruit plant propagating material and fruit plants intended for fruit production 'and, at the end of footnote 1, the sentence" Commission Implementing Directive (EU) 2021 / 415 of 8 March 2021 amending Council Directives 66 / 401 / EEC and 66 / 402 / EEC with a view to the adaptation of taxonomic groups and names of certain seeds and weeds is added to the development of scientific and technical knowledge.';
2. In Annex, point 1.1.
| „1.1. Obilniny | |
| Avena nuda L. | Oves nahý |
| Avena sativa L. (včetně A. byzantina K. Koch) | Oves setý |
| Avena strigosa Schreb. | Oves hřebílkatý |
| Hordeum vulgare L. | Ječmen |
| Phalaris canariensis L. | Lesknice kanárská |
| Secale cereale L. | Žito |
| Sorghum bicolor (L.) Moench subsp. bicolor | Čirok |
| Sorghum bicolor (L.) Moench subsp. drummondii (Steud.) de Wet ex Davidse | Čirok súdánská tráva |
| Sorghum bicolor (L.) Moench subsp. bicolor x Sorghum bicolor (L.) Moench subsp. drummondii (Steud.) de Wet ex Davidse | Čirok x čirok súdánská tráva hybridy vzniklé křížením poddruhů Sorghum bicolor subsp. bicolor a Sorghum bicolor subsp. drummondii |
| Triticum aestivum L. subsp. aestivum | Pšenice setá |
| Triticum turgidum L. subsp. durum (Desf.) van Slageren | Pšenice tvrdá |
| Triticum aestivum L. subsp. spelta (L.) Thell. | Pšenice špalda |
| x Triticosecale Wittm. ex A. Camus | Tritikale hybridy vzniklé křížením druhů rodu Triticum s druhy rodu Secale |
| Zea mays L. (partim) | Kukuřice (mimo pukancové a cukrové)“. |
3. In the Annex to point 1.2.1. Grasses, the words "Festuca trachyphylla (Hack.) Landscape 'are replaced by the words" Festuca trachyphylla (Hack.) Hack.'.
Amendment of the Decree on sampling requirements, procedures and methods of seed and seed testing
Decree No. 61 / 2011 Coll., on the requirements for sampling, procedures and methods for testing seed and seed, as amended by Decree No. 410 / 2013 Coll., Decree No. 3 / 2018 Coll. and Decree No. 156 / 2021 Coll., is amended as follows:
1. At the end of footnote 1, the sentence "Commission Implementing Directive (EU) 2021 / 415 of 8 March 2021 amending Council Directives 66 / 401 / EEC and 66 / 402 / EEC to adapt taxonomic groups and names of certain types of seeds and weeds to the development of scientific and technical knowledge shall be added to the separate line. '
2. At the end of footnote 1, the sentence "Commission Implementing Directive (EU) 2021 / 971 of 16 June 2021 amending Annex I to Council Directive 66 / 401 / EEC on the marketing of fodder plant seed, Annex I to Council Directive 66 / 402 / EEC on the marketing of cereal seed, Annex I to Council Directive 2002 / 54 / EC on the marketing of beet seed, Annex I to Council Directive 2002 / 55 / EC on the marketing of vegetable seed and Annex I to Council Directive 2002 / 57 / EC on the marketing of seed of oil and fibre plants as regards the use of biochemical and molecular techniques' is added to the separate line.
3. In Article 11, the following paragraph 5 is added:
"(5) In the event that, following the inspection of cereal crops, grasses, legumes, cloves, other fodder crops, oil plants, fibre plants, beet and vegetables, doubts remain as to the varietal identity of the seed, the Institute may use internationally recognised and reproducible biochemical or molecular techniques in accordance with the applicable international standards. ';
4. In Annex No 1, Part 2, point 2.1 (2.1.2), the words "Triticum aestivum 'are replaced by the words" Triticum aestivum L. subsp. aestivum'.
5. In Annex 5, Table 1, in the second column, the words "Sorghum bicolor 'are replaced by the words" Sorghum bicolor subsp. bicolor', the words "Sorghum bicolor x S. sudanense ', the words" Sorghum bicolor subsp. bicolor x Sorghum bicolor subsp. drummondii', the words "Sorghum bicolor subsp. drummondii ', the words" Triticum bicolor subsp. drummondii' and the words "Triticum durum 'and the words" Triticum turgidum subsp. durum';
Amendment of the Decree on the details of the putting into circulation of seed and planting plants
Decree No. 129 / 2012 Coll., on the details of the marketing of seeds and propagating plants, as amended by Decree No. 409 / 2013 Coll., Decree No. 368 / 2015 Coll., Decree No. 334 / 2017 Coll., Decree No. 299 / 2018 Coll. and Decree No. 313 / 2020 Coll., is amended as follows:
1. In footnote 1, the sentence "Council Directive 92 / 33 / EC of 28 April 1992 on the marketing of vegetable propagating and planting material other than seed 'is deleted and the sentence" Commission Implementing Directive (EU) 2021 / 415 of 8 March 2021 amending Council Directives 66 / 401 / EEC and 66 / 402 / EEC to adapt taxonomic groups and names of certain types of seeds and weeds to the end is added to the separate row.'
2. At the end of footnote 1, the sentence "Commission Implementing Directive (EU) 2021 / 1927 of 5 November 2021 amending Annexes I and II to Council Directive 66 / 402 / EEC as regards seed requirements for wheat hybrids produced by the cytoplasmic pollen sterility technique shall be added to the separate line. '
3. In Articles 6 (1) and 8 (3) of the Introductory Part of the provision, the words "listed in Annex 9 to this Decree 'are replaced by the words" published on the Institute's website'.
4. In Paragraph 13 (3), the words "listed in Annex 9 to this Order 'are replaced by the words" published on the Institute's website'.
5. In Annex 1, Part I:
List of species
Table 1
| Český název | Latinský název |
|---|---|
| Čirok | Sorghum bicolor (L.) Moench subsp. bicolor |
| Čirok súdánská tráva | Sorghum bicolor (L.) Moench subsp. drummondii (Steud.) de Wet ex Davidse |
| Čirok x čirok súdánská tráva hybridy vzniklé křížením poddruhů Sorghum bicolor subsp. bicolor a Sorghum bicolor subsp. drummondii | Sorghum bicolor (L.) Moench subsp. bicolor x Sorghum bicolor (L.) Moench subsp. drummondii (Steud.) de Wet ex Davidse |
| Ječmen | Hordeum vulgare L. |
| Kukuřice (mimo pukancové a cukrové) | Zea mays L. (partim) |
| Lesknice kanárská | Phalaris canariensis L. |
| Oves nahý | Avena nuda L. |
| Oves setý | Avena sativa L. (včetně A. byzantina K. Koch) |
| Oves hřebílkatý | Avena strigosa Schreb. |
| Pšenice setá | Triticum aestivum L. subsp. aestivum |
| Pšenice tvrdá | Triticum turgidum L. subsp. durum (Desf.) van Slageren |
| Pšenice špalda | Triticum aestivum L. subsp. spelta (L.) Thell. |
| Tritikale hybridy vzniklé křížením druhů rodu Triticum s druhy rodu Secale | x Triticosecale Wittm. ex A. Camus |
| Žito | Secale cereale L. |
| Pohanka obecná 1 | Fagopyrum esculentum Moench |
| Proso seté 1 | Panicum miliaceum L. |
1 - Species not included in the species list; recognition procedures may only be carried out for registered varieties. ';
6. In Annex No 1, Part III, Section 1, under Table 3.1a, in note 3, the words "and millet 'are replaced by", millet and gloss'.
7. In Annex No 1, Part III, Section 2, Subsection 1, in Table 3.2a, the row "Common wheat, durum wheat and spelt 'is replaced by the following:
„
“.
| pšenice setá, tvrdá a špalda | SE, E | 1,0 | - | - | - |
|---|---|---|---|---|---|
| C | 1,0 | - | - | - | |
| E (komponenty hybridů CMS) | 1,0 | 30011 | - | - | |
| C (hybrid CMS) | 1,0 | 2511 | - | - |
8. In Annex No 1, Part III, Section 2, subsection 2, the words "barley, with the exception of hybrids of barley 'are replaced by the words" barley, with the exception of hybrids of wheat and barley'.
9. In Annex No 1, Part III, Section 2, Subsection 3, under Table 3.2b, in the introductory sentence of the second paragraph, the words "[(Sorphum halepse (L.)] 'are replaced by" (Sorphum halepse)' and the words "[Sorphum sudanense (Piper) Stapf] 'are replaced by" (Sorphum bicolor subsp. drummondii)'.
10. In Annex No 1, Part III, Section 2, Subsection 3, the words "subsp. bicolor 'are inserted after the words" bicolor' in the second paragraph of Table 3.2b.
11. In Annex No 1, Part III, Section 3, Subsection 1, footnote 18, the words "and wheat 'are inserted after the words" barley'.
12. In Annex No 1, Part III, Section 3, Subsection 2, the words "wheat and 'shall be inserted after the words" hybrids' in point 4.
13. In Annex No 1, Part III, Section 3, Subsection 2, point 5, the words "wheat and wheat 'shall be inserted after the words" with the exception of hybrid varieties' and "C 90% 'for seed of hybrid varieties.
14. In Annex No 1, Part III, Section 3, Subsection 2, point 6, the words "hybrid varieties of barley 'are replaced by the words" hybrid varieties of wheat and barley'.
15. In Annex No 1, Part III, Section 3, Subsection 2, the following point 9 is inserted after point 8:
'9. in the case of seed of hybrid varieties of wheat using CMS, the maximum permitted number of plants of different types in seed production of category E in the maintenance and restoration of fertility of 0,1%, in the case of pollen-sterile parent component 0,3% and in the case of seed production of category C in the case of a fertility regenerator 0,3%, in the case of pollen-sterile parent component 0,6% and in the form of a simple hybrid 1%. The minimum level of pollen sterility of the parent component is 99,7% for seed production and 99% for seed production. Compliance with the requirements of this point shall be assessed by an official subsequent growing test. Category C seed may be produced during the cultivation of a mixture of a pollen-sterile parent component with a component restoring pollen fertility. ';
16. In Annex 1, Part in Section 3, Subsection 2, point 3 is deleted;
Point 4 is renumbered point 3.
17. In Annex 2, Part I Table 1, in the second column, the eighth row, "Festuca trachyphylla (Hack.) Landscape 'is replaced by" Festuca trachyphylla (Hack.) Hack.'.
18. In Annex No 4, Part III, Section 1, Subsection 1, Table 3.1, in the line belonging to the "radish 'crop, the number" 5' is replaced by "3 'in the column" number of roch2'.
19. In Annex 9, points (b) to (g) are deleted, including the models of the forms referred to in those points.
Points (h) to (v) shall be renumbered (b) to (p).
20. In the title of Annex 10, the words "and the Constitution 'shall be inserted after the words" person'.
21. In Annex 10, the introductory paragraph shall read:
"Models of documents issued by the delegate
a) Recognition sheet for crop
(b) seed recognition certificate
Model of document issued by the Institute
(c) Statement of seed with an uncompleted certification. ';
22. In Annex No 16, in the heading of point 6, the word "Withdrawal 'is replaced by" Repeal'.
23. In Annex 17, Part III, the word "Withdrawal 'is replaced by" Repeal'.
24. In Annex No 17, Part III, in points 1 and 3, the words "removed 'are replaced by the words" deleted'.
25. In Annex 17, the application for authorisation to carry out inspections of seed crops and the issue of documents on crops and the model of the official stamp of the authorised person shall be as follows:
"Request for authorisation to carry out inspections of seed crops and issue documents for seed crops
Article 17 (2) of the Law
Model of official stamp of authorised person:
where
PPP - the serial number of the authorised person in the list of sampled and inspected bodies maintained by the Institute
5R - R is the number of the region of competence of the entrusted person or the region of its registered office
XX - serial number of the mandate within one region and the applicant '.
26. In Annex No 18, Part II and III:
"II. Control of the authorised sample maker
The control of the designated sample maker shall mean a set of all control measures carried out by the Institute throughout the sampling process and shall consist of official supervision and follow-up of the designated sample maker. The procedure for the control of an authorised sample maker shall be governed by the guidelines established by the Constitution. Records of the results of the check shall be kept for a minimum of 6 years.
1. Official supervision
Official surveillance is to check compliance with the correct sampling procedure during the sampling itself - on-the-spot check. Each sampling body responsible for seed sampling shall be checked at least once a year with a sampling range of up to 20 head or at least twice a year with a larger sample size.
2. Follow-up
The accuracy of the results of manual sampling shall be checked. This check shall be carried out by laboratory testing of the basic quality characteristics of the seed. In case of doubt as to the authenticity or purity of the variety, a laboratory or vegetation test may be carried out. The subsequent control of the sampled sample shall be at least 5% of the sampled lots and shall be determined annually by the Institute on the basis of an evaluation of the results of official supervision and follow-up of the previous harvest year.
3. Checking of the mandated sample maker in the case of an automatic sampling device
In the case of an automatic sampling device, in addition to checking the documents and seed lots, official supervision shall aim at the accuracy of its functioning, compliance with the technical requirements for sample security and the method of preparing the laboratory sample. For subsequent inspection of the designated sample maker, samples from the automatic sampling device shall not be sent at the correct setting. This may only be done if an irregularity is detected during official surveillance and it is reasonable to suspect that an undesirable ingredient of another species or variety may have occurred. In order to avoid contamination of the lot, the Institute shall carry out control sampling from the lot by hand. Both samples shall then be subjected to a follow-up check and laboratory determination may be used depending on the nature of the ingredient.
III. Cancellation of delegation
1. If the Institute finds, through official supervision, deficiencies in the technological sampling procedure, it shall draw the attention of the relevant sampled entity to the deviations from the correct methodology and shall draw up the Control Protocol on the findings and lay down the necessary measures. The samples shall be subject to increased official surveillance. In the event of a serious misconduct which would lead to damage to the seed buyer or supplier, the delegation shall be revoked.
2. The following shall be considered as errors in the technological process:
(a) failure to comply with the prescribed sampling frequency;
(b) the weight of the laboratory sample does not comply with the implementing legislation;
(c) deficiencies identified during official surveillance which cause errors under (a) or (b);
(d) an error in checking the proof of the seed lot;
(e) imconsistent checks on the closure of packages and the marking of all packages in the lot;
(f) insufficient control of the automatic sampling device, i.e. seal the sampling device and all routes between the sampling device and the sampling vessels;
(g) error in dividing the sample, i.e. in the preparation of the laboratory sample,
(h) incorrect closure of the laboratory sample; or
(i) any other unacceptable manipulation of the sample.
3. A sample which has been cancelled by the sampling mandate must return the licence, stamp and the adjustment material. It may request a new mandate not earlier than one year after the date of revocation of the mandate, subject to new training according to the procedure for training new samples and to pass the test successfully. In addition, 50 control samples shall be taken at the same time by the sampled Institute and samples shall be tested in the laboratory of the Institute. ';
27. In Annex 18, the application form for sampling and the specimen of the official stamp of the authorised person shall read:
"Application for a sampling mandate
pursuant to Article 17 (3) of Act No. 219 / 2003 Coll., on the circulation of seeds and propagating plants and amending certain laws (Law on the circulation of seed and seed), as amended
Model of official stamp of authorised person:
where
PPP - the serial number of the authorised person in the list of sampled and inspected bodies maintained by the Institute
5R - R is the number of the region of competence of the entrusted person or the region of its registered office
XX - serial number of the mandate within one region and the mandate '.
28. In Annex 19, Part III, the word "Withdrawal 'is replaced by" Repeal'.
29. In Annex No 19, Part III, point (a), the words "removed from it 'are replaced by the words" deleted'.
30. In Annex No 19, Part III, point (c), the word "withdrawal 'is replaced by" cancellation'.
31. In Annex 19, the following application for authorisation for laboratory testing and the issue of seed documents is:
"Application for authorisation for laboratory testing and certification for seed
According to Article 17 (6) of the Act
"
EFFECTIVE
(1) This Decree shall take effect on 1 February 2022, with the exception of Article II (2) and (3) and Article III (2), (7), (8) and (11) to (15), which shall take effect on 1 September 2022.
(2) Points 7, 8 and 11 to 15 of Article III shall expire on 31 August 2029.
Minister:
Ing. Toman, CSc., v. r.
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Regulation Information
| Citation | Decree No. 505 / 2021 Coll., amending Decree No. 378 / 2010 Coll., establishing the species list of grown plants, as amended, and other related regulations |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.2021 |
|---|---|
| Effective from | 01.02.2022 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Agriculture
The regulation text is for informational purposes only.
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